The impact of water scarcity on armed conflict - Part IV

The traditional means of peaceful settlement of water issues did not achieve the required results, so some countries resorted to seeking diplomatic means for settlement instead of legal and judicial means that depend on bringing down the rule of law without regard to the interests or self-considerations of each state or its sensitivity to another river state, this and Many agreed that the approach of water diplomacy is effective, but not quick in results, as it requires long-term procedures and deliberations that depend on research, investigation, negotiation and mediation between countries, and this requires a real understanding of the surrounding political, economic or social issues and an integrated management of the water issue. It is also possible to apply preventive diplomacy, which is an unconventional aspect of diplomatic work in support of international cooperation and diplomatic means through international negotiations and friendly international efforts and mediation supported by personal or collective international efforts, organizations or international civil groupings in order to calm and work to prevent development The water crisis into a conflict depends on the international standing and the international community's support for diplomatic efforts and cooperation by all parties related to the issue. From the above, it becomes clear to us the extent of the importance of water and the extent of its ability to create disasters because of the conflicts and bloody conflicts that it may cause to obtain it, since it is the primary responsible for life. global is: The absence of general international rules governing the process of equitable sharing of water between countries that share the use of water resources has contributed to an increase in cases of water conflict, as shared rivers have lacked since the middle of the last century international legislation that is characterized by obligatory and that determines the mechanism for benefiting from shared waters such as rivers despite tariffs However, the real practice remains far from the proposals and assumptions of international law, by returning to the definition of the international river in accordance with the provisions of international law as stated in the Helsinki Convention in 1966 (if a basin passes in the territories of countries In this case, each country exercises its sovereignty over what the river passes through (agricultural, industrial and population) and this agreement has defined general criteria governing the process of joint use and the equitable division of the shared rivers, which are (population - topography of the river basin - climatic conditions - Previously usual amount of river water - current and potential uses - actual water needs of each country - availability or absence of a source alternative water supply), however, the presence of a number of actual obstacles practiced by countries on the ground is a real disruption of international charters and agreements regarding common international rivers. The absence of unified, fixed and detailed standards for the interpretation of the articles of international law and the qualitative interpretation of international laws and treaties on international rivers, and the absence of an international legal reference to interpret the texts of treaties in an ideal way to prevent the qualitative interpretation of the articles of law. Most of the international treaties and laws of international rivers lack a specific mechanism for arbitration and the absence of a binding capacity in international laws and treaties regarding water. Arbitration is formed at the request of the parties to the dispute, and just as most of the treaties did not clarify the mechanism used and used in the event of the refusal or abstention of one of the parties to the dispute to participate in raising the subject of the dispute to the arbitral tribunal, and most of the treaties and agreements did not specify and did not clarify the mandatory procedures for its decisions or The possibility of imposing penalties on the party who does not comply with the terms of the treaties or who violates the arbitral decisions issued by the arbitral tribunal. The limitation of international law treaties on international rivers and water in general to the issue of riparian rivers and the absence of rules and procedures for the sharing of fresh water resources other than international rivers such as major springs, underground water basins and fresh lakes.

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