Diplomatic and Legal Means for the Settlement of International River Disputes

Abstract

This research aims to analyze the diplomatic and legal frameworks governing the settlement of international river disputes, focusing on the case of Iraq as a downstream country sharing water resources with neighboring states, particularly Iran and Turkey. The research addresses the following central question: To what extent have diplomatic and legal mechanisms contributed to resolving disputes over shared international rivers, and what are the limits of their effectiveness in achieving equitable and sustainable management of these rivers? The research employed a descriptive-analytical approach to analyze the international legal rules governing non-navigational watercourses, a case study approach to examine Iraq's water disputes with its neighbors (Iran and Turkey), and a historical approach to trace the development of relevant international and bilateral agreements and treaties. The research concluded that International Water Law—particularly the 1997 UN Convention—provides a general framework based on the principles of equitable and reasonable utilization and the duty not to cause significant harm to riparian states. However, the effectiveness of this framework remains contingent upon political will, especially concerning upstream countries, and upon mechanisms for implementing legal rules. The research further demonstrated that Iraqi diplomacy has faced structural challenges in managing water issues with Iran and Turkey. Finally, it notes that the new agreement concluded with Turkey in 2025 regarding water management represents a positive step towards regulating cooperation in this regard; however, it does not constitute a final, equitable settlement guaranteeing Iraq's water rights in the Tigris and Euphrates basins.