Construction and Development of Dams on Transboundary Rivers under Precautionary Principle (A case study of the Kajaki dam)

Document Type : Original Article

Authors

1 Faculty member Department of Environmental Law, Faculty of Natural Resources and Environment, University of Science and Research, Iran, Tehran

2 M.a of international law, Department of Law and Political science, University of Tehran

3 Master in Environmental Law, University of Science and Research, Tehran, Iran

10.30489/cifj.2021.296915.1038

Abstract

Kajaki dam construction and development on Hirmand/Helmand river affected the upstream and downstream of the river in a different situation. This construction project has been bringing lots of advantages for Afghanistan, on the other hand, Iran dealing with the majority of negative effects caused by the Kajaki dam development. Moreover, the lack of an environmental approach on the Hirmand water treaty 1973 limited the environmental obligation of the upstream state.Thus, the conduction of a new bilateral treaty with a focus on environmental issues instead of the current treaty will be decrease plenty of environmental problems and codify applicable regulation regarding environmental conservation. In this respect, to achieve the mentioned purposes parties should conduct the new treaty with the focus of an international environmental law principle, the precautionary principle due to its function and extension will be a great option to reach the environmental purposes.

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Articles in Press, Accepted Manuscript
Available Online from 02 September 2021
  • Receive Date: 26 July 2021
  • Revise Date: 28 August 2021
  • Accept Date: 02 September 2021