جستجوی مقالات مرتبط با کلیدواژه "water security" در نشریات گروه "فقه و حقوق"

The right to water is the origin and manifestation of many human rights. The lack of proper access to water resources has brought many crises, especially many environmental crises for societies, which has caused insecurity for humans. Therefore, legal scholars are always trying to explain mechanisms to get out of these environmental crises. Because the lack of access to water affects human development and the lack of development in any society colors the disputes over resources. Therefore, the author uses the descriptive-analytical method and by using library resources and seeking to find The answer to this question is whether establishing and applying the precautionary principle can guarantee water security and also a suitable solution to prevent water crises and tensions.Paying attention to and using the precautionary principle as one of the key solutions accelerates environmental preventive measures and improves crisis management and ultimately ensures water security. Therefore, it seems that there is a direct relationship between the application of the precautionary principle and water security.Keywords: precautionary principle, water security, human security, right to water

The relationship between water and human beings has always had a dual nature. On the one hand, it is human and his life that is preserved by water and on the other hand, conservation of quantity and quality of existing fresh waters on the Earth depends on human activities. With intensifying water crisis in the world, attempts to eliminate it and establish a state of water security have become one of the major concerns of the international community. The main issue is that whether international law has been able to oblige States to provide water security? In this study, this issue is examined by using library data and descriptive- analytical method. Studies show that although international law has not addressed the issue of water security directly; but on the basis of general principles of international law, we can infer obligations and impose requirements on States and thus, remedy the vacuum on water security. This study maps out such principles in order to sketch a framework for the governing rules of water security in international law.

Natural and man-made disasters are an inevitable part of life which threaten various dimensions of human life. Nowadays, increasing the water crisis, in all around the world, attracts the attention of international community to the issue of water security and the role of disaster management in the sense of preparedness, response and reconstruction in order to reduce the impact of disasters in accessing water security has been taken into consideration. This investigation has studied interaction of water security and disaster management and explored the rules of applicable International law in this topic. the descriptive and analytical studies of the authors shows that although, there is no binding coherent legal document on disaster management in international law, but some provisions of various areas of it including international human rights, , international environmental law, international law of transboundary water resources and etc., impose obligations on international actors, particularly States, in the various stages of disasters including, before, during and after them, which play a significant role in providing water security. Even though, ensuring compliance with these obligations is an important challenge that requires global thinking.

Because of deficiency in requiring the water user to efficient and reasonable use due to private ownership application in the Iranian water law, it is questionable that how can the legal system urge this user to rationalize its water usage? Since water is a strategic and threatened good, public law is needed to provide some main legal principals such as public authority, equality, public interest, public service and legal security to empower the government to apply more restrictive requirements to control water usage in the various sectors. This essay makes an attempt to apply these principles to empower the government in water usage regulating and interpreting reasonable water usage concept in administrative and judicial tribunals. Fair water usage management depends on theoretical and practical development of these principles.