Violation of Iran's water rights in Hirmand by Afghanistan in the light of the legal system of international rivers with emphasis on the acquired right

Document Type : Original Article

Authors

• Seyedeh Latifeh Hosseini ¹
• mohammad mahdi Hosseinmardi ²
• Habib Asady ³

¹ Assistant Prof, Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran

² Assistant Prof, Department of Islamic teachings, Payame Noor University, Tehran, Iran

³ Assistant professor,Department of law,Faculty of humanities,Ahar Branch,Islamic Azad university,Ahar,Iran

Abstract

In The international law have been emphasized on the peaceful solutions of in using of international waterways for no navigational purposes, that The most important concern of the dried ecoregions was, because interested states could get their real share from common waters. The border river of Hirmand was one of these cases that formed a significant part of the borders of Iran and Afghanistan. According to the historical formation of the eastern borders of Iran, the natural dried bed of the river has located in the territory of the region of Sistan, which ecologically played an essential role in the permanently of the environmental life of the fourtal lakes of Haroon and the livelihood of the natives of the region depended on continuous current of water till there that the two states concluded treaties in 1318 and 1352 and in despite obligations of afghan party as an upstream, it has repeatedly cut off the water flow and diverted stream inside to its territory, causing significant damages to Iran, which is against the principle of good faith in contemporary international law. The article investigated upon the descriptive-analytical method and treaties that the Afghan have imposed terrible drought in the Sistan.

Keywords

• Afghanistan
• Hirmand River
• Iran
• acquired right
• The principle of equitable utilization

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