عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Iran has common border rivers and water resources with all its neighbors and the expansion of cross-border water basins enlighten the importance of studies on this issue. In this paper, using global information and documents, an attempt is made to analyze international law in the field of cross-border water and water treaties between countries and applied approaches to conflict resolution. The results show that in the process of cross-border distribution of water resources, there are some laws and regulations at the international level and the most reliable one is the 1997 Convention. In accordance with the provisions of this Convention, any State which is located in common river basins, has the right to fairly and reasonably utilize trans-border water basin in its territory, with the requirement of not having serious damage to other Commonwealth countries. This right is determined with regard to watershed natural factors, using existing, potential, social and economic necessity of basin’s countries and operational effects on the rest of the area. But the factors provided for this purpose are general and have different technical and legal interpretations in each of the trans-border water basins and the use of these factors would be problematic. To this end, new approaches have been defined to water conflict resolution in trans-border basins that are primarily based on the needs of countries in the basin and on the basis of economic approaches, including the efficient use of water, sharing the benefits arising from the utilization of the border water instead of dividing the water and creating a basket of benefits (water and non-water). It seems that these approaches can help resolve water conflicts between nations and would be taken into considerations by policymakers.