The regulation of the non-navigational use of the Euphrates and Tigris River System : international law regulating the distribution and utilisation of the water of Euphrates and Tigris illustrated by the Atatürk and Ilisu dams / Nicolas Bremer.
2017
KMC208.3 .B745 2017 (Map It)
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Author
Title
The regulation of the non-navigational use of the Euphrates and Tigris River System : international law regulating the distribution and utilisation of the water of Euphrates and Tigris illustrated by the Atatürk and Ilisu dams / Nicolas Bremer.
Published
The Hague, The Netherlands : Eleven International Publishing, [2017]
Copyright
©2017
Call Number
KMC208.3 .B745 2017
Former Call Number
Comp 952 B75 2017
ISBN
9789462367449
9462367442
9462367442
Description
xx, 486 pages : color maps ; 25 cm
System Control No.
(OCoLC)982968673
Summary
This book analyses the distribution and utilisation of the water of the Euphrates and Tigris river system from the perspective of international law. It shows which international treaties and provisions of international customary law regulating the non-navigational use of international freshwater systems are binding for the riparian states, Iraq, Syria and Turkey, and how the distribution and utilisation of the waters of the river system are governed by these. this study uses two Turkish dams (the Ataturk Dam on the Euphrates and the Ilisu Dam on the Tigris) to illustrate which provisions of international law are binding and what problems arise concerning the application of these principles. -- Source other than the Library of Congress.
Bibliography, etc. Note
Includes bibliographical references (pages 439-467).
Record Appears in
Table of Contents
List of Abbreviations
xv
1.
Introduction
1
A.
Introduction into the Conflict Matter and Posing of Problem
1
B.
Freshwater, Euphrates and Tigris, and Freshwater as a Subject Matter in International Law
6
I.
Freshwater and Its Availability and Scarcity
6
1.
Freshwater
6
2.
Hydrological Cycle
7
II.
Hydrology, Topography and Climate in the Euphrates-Tigris River System
9
III.
Non-Navigational Uses of Freshwater
12
1.
Non-Navigational Uses of Freshwater
14
2.
Developments in Non-Navigational Uses of Freshwater
16
3.
Non-Navigational Uses of Freshwater and Dams
18
IV.
Water Scarcity
24
1.
Shortage of Freshwater Due to Secondary Effects of Population Growth
25
2.
Shortage of Freshwater Due to Agricultural and Industrial Production
26
a.
Shortage of Freshwater Due to the Impact of Agricultural and Industrial Production on Water Quantity
26
b.
Shortage of Freshwater Due to the Impact of Agricultural and Industrial Production on Water Quality
28
3.
Shortage of Freshwater Due to Climate Change
36
4.
Conclusion
36
V.
Freshwater as a subject Matter of (International) Law
37
C.
Euphrates-Tigris Riparian States
38
I.
Political Conflicts between the Euphrates-Tigris Riparian States
39
II.
Availability of Freshwater and Its Use in and by the Euphrates-Tigris Riparian States
44
1.
Turkey
44
a.
Availability of Freshwater in Turkey
45
b.
Freshwater Use in Turkey
46
c.
Southern Anatolia Project (GAP)
46
2.
Syria
50
a.
Availability of Freshwater in Syria
50
b.
Freshwater Use in Syria
51
3.
Iraq
52
a.
Availability of Freshwater in Iraq
53
b.
Freshwater Use in Iraq
53
III.
Freshwater Related Conflicts and Negotiations in the Euphrates- Tigris River System
55
IV.
Conclusion
59
D.
Sources of International Law
60
I.
International Treaties
61
II.
International Customary Law
65
III.
Principles of Law
69
IV.
Sources of International Law outside of the Scope of Article 38 (1) ICJ Statute
70
V.
Subsidiary Means for the Determination of Provisions of International Law
71
E.
International Law Concerning Non-Navigational Uses of Freshwater
72
I.
International Treaties Regulating Non-Navigational Uses of Euphrates and Tigris
72
II.
Regulation of the Distribution and Utilisation of the Water of Euphrates and Tigris through International Customary Law
74
1.
Binding Force of International Customary Law for Non- Navigational Uses of Euphrates and Tigris
74
a.
Euphrates and Tigris as International Watercourses
75
b.
Euphrates and Tigris as International or Transboundary Rivers
78
c.
Definition of the Term 'International River' in International Law
81
2.
Euphrates and Tigris as Individual Rivers or an Interconnected Hydrological System
82
a.
Water System Concepts
83
b.
Water System of Euphrates and Tigris
87
III.
Regulation through Islamic International Law
90
IV.
Conclusion
92
2.
International Law Governing the Euphrates's Non-Navigational Use and the Ataturk Dam
95
A.
Dispute over the Ataturk Dam
96
B.
Ataturk Dam's Impact on the Quantity of the Euphrates's Flow
98
I.
Compliance with Treaty Provisions
100
1.
Compliance with the Syrian-Turkish Protocol on Economic Cooperation
100
a.
Syrian-Turkish Protocol on Economic Cooperation as Legally Binding for the Distribution of the Euphrates's Water
101
b.
Compliance of the Initial Impounding of the Ataturk Dam's Reservoir with Article 6 Syrian-Turkish Protocol on Economic Cooperation Due to Its Impact on the Euphrates's Flow
104
c.
Compliance of the Operation of the Ataturk Dam with Article 6 Syrian-Turkish Protocol on Economic Cooperation Due to Its Impact on the Euphrates's Flow
107
2.
Iraqi-Syrian Communique on the Distribution of the Euphrates's Water
108
3.
Paris Convention
109
4.
Angora Agreement and the Angora Convention
109
5.
Treaty of Lausanne
110
6.
Iraqi-Turkish Euphrates-Tigris Protocol
111
7.
Joint Communique on Cooperation between the Syrian Arab Republic and Turkey
111
8.
GAP-GOLD Joint Communique and Its Implementation Document
112
9.
Syrian-Turkish Memorandum of Understanding on Efficient Utilization of Water
112
10.
Conclusion
112
II.
Compliance with International Customary Law
113
1.
State Sovereignty as
a.
Basis for International Customary Law Regarding Non-Navigational Uses of Freshwater
114
2.
Absolute Territorial Sovereignty
116
a.
Binding Force in International Law
116
b.
Binding Force in the Relations between Iraq, Syria and Turkey
122
c.
Conclusion
125
3.
Absolute Territorial Integrity
125
a.
Binding Force in International Law
126
b.
Binding Force in the Relations between Iraq, Syria and Turkey
130
c.
Conclusion
131
4.
Community of Interest and the Concept of Optimal Utilisation
131
a.
Binding Force in International Law
134
b.
Binding Force in the Relations between Iraq, Syria and Turkey
142
c.
Conclusion
147
5.
Theory of Limited Territorial Sovereignty and Integrity, the Obligation Not to Cause Significant Transboundary Harm and the Doctrine of Equitable and Reasonable Utilisation
148
a.
Obligation Not to Cause Significant Transboundary Harm (No-Harm Rule)
150
b.
Doctrine of Equitable and Reasonable Utilisation (Doctrine of Equitable Utilisation)
181
c.
Relationship between the No-Harm Rule and the Doctrine of Equitable Utilisation
208
d.
Conclusion
213
6.
Theory of Intergenerational Justice, the Theory of Environmental Accountability of State Sovereignty and the Concept of Sustainable Development
215
a.
Theory of Intergenerational Justice and the Theory of Environmental Accountability of State Sovereignty
215
b.
Concept of Sustainable Development
217
7.
Precedence of Existing or Potential Uses of Freshwater
222
a.
Priority of Existing Uses or the Doctrine of Prior Appropriation
223
b.
Precedence of Potential Uses
226
8.
Conclusion
228
III.
Conclusion
233
C.
Ataturk Dam's Impact on the Quality of the Euphrates's Water
234
I.
Salinisation of the Euphrates
235
II.
Compliance of the Ataturk Dam with Treaty Provisions in Respect to Its Impact on the Quality of the Euphrates's Water
236
III.
Compliance of the Ataturk Dam with International Customary Law in Respect to Its Impact on the Quality of the Euphrates's Water
238
1.
Compliance with the Obligation Not to Cause Significant Transboundary (No-Harm Rule)
238
a.
Compliance of the Initial Impounding of the Ataturk Dam's Reservoir with the No-Harm Rule
239
b.
Compliance of the Ataturk Dam's Operation with the No-Harm Rule
240
2.
Compliance with the Doctrine of Equitable and Reasonable Utilisation (Doctrine of Equitable Utilisation)
243
a.
Compliance of the Initial Impounding of the Ataturk Dam's Reservoir with the Doctrine of Equitable Utilisation
246
b.
Compliance of the Ataturk Dam's Operation with the Doctrine of Equitable Utilisation
246
IV.
Conclusion
248
D.
Ataturk Dam's Impact on Erosion and Transportation of Sediments by the Euphrates
248
E.
Ataturk Dam's Compliance with Obligations to Inform and Notify
249
F.
Conclusion
251
3.
International Law Governing the Tigris's Non-Navigational Use and the Ilisu Dam
255
A.
Dispute over the Ilisu Dam
255
B.
Ilisu Dam's Impact on the Tigris
258
I.
Ilisu Dam's Impact on the Quantity of the Tigris's Flow
258
1.
Compliance with Treaty Provisions
263
a.
Compliance with the Syrian-Turkish Memorandum of Understanding on a Pumping Station on the Tigris
264
b.
Compliance with the Iraqi-Syria Agreement on a Syrian Pumping Station on the Tigris
267
c.
Compliance with the Iraqi-Turkish Euphrates-Tigris Protocol
268
2.
Compliance with International Customary Law
268
a.
Compliance with the Obligation Not to Cause Significant Transboundary Harm (No-Harm Rule)
268
b.
Compliance with the Doctrine of Equitable and Reasonable Utilisation (Doctrine of Equitable Utilisation)
279
3.
Conclusion
289
II.
Ilisu Dam's Impact on the Quality of the Tigris's Water
290
1.
Water Quality of the Tigris
290
2.
Compliance with International Law
292
a.
Compliance with the No-Harm Rule
293
b.
Compliance with the Doctrine of Equitable Utilisation
298
III.
Ilisu Dam's Impact on Erosion and Transportation of Sediments by the Tigris
302
IV.
Conclusion
303
C.
Compliance with Obligations to Inform and Consult in Respect to the Ilisu Dam
306
I.
Information Distribution and Cooperation between Iraq, Syria and Turkey Regarding the Ilisu Dam
306
II.
Compliance with General Obligations to Inform
309
1.
Compliance with Treaty Provisions
309
a.
Compliance with the Iraqi-Turkish Euphrates-Tigris Protocol
310
b.
Compliance with the Syrian-Turkish Memorandum of Understanding on a Pumping Station on the Tigris
311
c.
Compliance with the Syrian-Turkish Memorandum of Understanding on Efficient Utilization of Water
312
d.
Compliance with the Memorandum of Understanding between the Turkish Ministry of Environment and Forestry and the Iraqi Ministry of Water Resources on Water
313
2.
Compliance with International Customary Law-the Obligation to Exchange Information on a Regular Basis
314
a.
Binding Force in International Law
315
b.
Legal Content
317
c.
Binding Force between Iraq, Syria and Turkey
320
3.
Conclusion
321
III.
Compliance with the Obligation to Prior Notification and the Obligation to Prior Consultation
322
1.
Compliance with Treaty Provisions
323
a.
Compliance with the Iraqi-Turkish Euphrates-Tigris Protocol
323
b.
Compliance with the Syrian-Turkish Memorandum of Understanding on a Pumping Station on the Tigris
328
2.
Compliance with International Customary Law
329
a.
Compliance with the Obligation to Prior Notification
330
b.
Compliance with the Obligation to Prior Consultation
346
3.
Conclusion
363
D.
Compliance of the Ilisu EIAR 2001 and the Ilisu EIAR 2005 with Provisions of International Law Relating to Environmental Impact Assessment
365
I.
Environmental Impact Assessment under International Law
366
1.
Requirement of Environmental Impact Assessment under International Law
366
2.
Content of Environmental Impact Assessment
371
3.
Procedure of Environmental Impact Assessment
375
a.
Participation of Affected States in Respect to Environmental Impact Assessment
375
b.
Participation of Foreign Public in Environmental Impact Assessment
380
c.
Continuous Supervision of Measures Requiring an Environmental Impact Assessment
383
4.
Conclusion
386
II.
Environmental Impact Assessment in Relations between Iraq, Syria and Iraq
387
III.
Binding Force in Respect to Time
390
IV.
Compliance of the Ilisu EIAR 2001 and the Ilisu EIAR 2005 with Provisions of International Law Regarding Environmental Impact Assessment
392
1.
Consideration of the Ilisu Dam's Transboundary Impacts in the Environmental Impact Assessment Conducted
394
2.
Notification and Consultation of Iraq and Syria in Regard to the Findings of the Environmental Impact Assessment Conducted on the Ilisu Dam
398
V.
Conclusion
400
E.
Conclusion
401
4.
Final Conclusion and Outlook
409
Annex-Maps
431
Bibliography
439
A.
Publication
439
B.
Reports and Documents by Government Administration and Institutions, International Organisations, NGOs, and Private Institutes
461
C.
Advisory Opinions of the International Court of Justice
467
List of Cited Judgements, Decisions, Orders and Awards of International and National Courts and Arbitral Tribunals
469
List of Cited International Treaties, Conventions, Agreements, etc., Draft Treaties, Conventions, Agreements, Articles, etc. and Declarations
473
List of Cited Domestic Laws and Regulations
485