Aysegul Kibaroglu

Euphrates-Tigris Rivers System: Political Rapprochement and Transboundary Water Cooperation

Water-related development projects on the Euphrates and Tigris rivers have been highly contested over the last four decades and have caused relations between the riparian states, i.e. Turkey, Syria and Iraq, to become highly strained and serious crises occurred. All co-riparian states are unilaterally strengthening their efforts to develop water resources to increase their hydropower potential, and to extend their irrigated agricultural areas. These activities pose the main threat to their mutual relations, and to date, the riparians have failed to achieve a common agreement. Since major non-water issues are now solved, or are at least approached, in a more pragmatic manner, the prospects for joint initiatives have improved. Figure 1 shows a map of the two rivers, their main tributaries and selected dams. Table 1 and Table 2 provide an overview of the context for cooperation on both rivers.

Strategic Role of Water Resources for Turkey

Turkey’s water policy can best be characterised by her desire to gain independence from imported energy sources, to increase production levels of agriculture and to achieve food security, to satisfy increasing water demand from industry and urban and rural populations, and to correct regional economic and social imbalances in the country, thus raising the living standard of the population (Kibaroglu et al. 2005). The inclusion of such social aims led to water resources planning and development being carried out by government agencies through public investment (Kibaroglu et al. 2009).

Turkey’s Water Policy Framework

Turkey’s water policy and management is a feature of various laws and regulations, and is subject to a range of national ministries and executive administrations. Some of the legislation governing water management dates back to the early years of the Republic. Due to numerous amendments and additions to the existing legislation in the course of time, water management in Turkey ceased to be simple.

Turkey’s Position towards International Water Law

Turkey’s position towards transboundary water cooperation is widely perceived as being reluctant. This view mainly originates from disputes that arose over the Euphrates and Tigris rivers between Turkey, being the upstream country, and the downstream riparians, Syria and Iraq. In addition, Turkey’s vote against the 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UN Watercourses Convention) as well as Turkey’s refusal to discuss transboundary water issues within the context of the 2002 Organisation for Security and Co-operation in Europe (OSCE) Economic Forum explains the view of Turkey’s critics.

Water Law and Cooperation in the Euphrates-Tigris Region

Preface Acknowledgements Abbreviations Notes on the Contributors Part I: International Water Law: Overview Chapter 1: A Survey of Challenges and Trends in the Context of International Water Law Rudiger Wolfrum / Adele J. Kirschner Chapter 2: International Groundwater Law in the Euphrates and Tigris Region Kerstin Mechlem Chapter 3: Governing International Watercourses: Implications of the Human Right to Water Pierre Thielborger Part II: The Use of Waters of the Euphrates and Tigris Chapter 4: Transboundary Water Relations in the Euphrates and Tigris Region Aysegul Kibaroglu Chapter 5: Sharing and Protecting the Euphrates and Tigris: Legal Status Quo Adele J. Kirschner / Katrin Tiroch Chapter 6: Advantages of Marketable Water Rights in the Euphrates and Tigris Basin Evin Wick Chapter 7: Dams on Euphrates and Tigris: Impact and Regulation Through International Law Nicolas Bremer Chapter 8: Hydrology Dr. Johannes Cullmann Part III: Comparative Analysis of National Water Laws in the Euphrates and Tigris Region and European Union Water Law Chapter 9: Water Law in Iraq: The Present Model for Water Resources Protection Yadgar Kamal Ahmmad Chapter Chapter 10: Water Management Laws in the Syrian Arab Republic Rana Kharouf-Gaudig Chapter 11: Legal Context in Water Management Policy in Turkey: Evolution of a Complex Framework in Three Stages Vakur Sumer Chapter 12: EU Water Law and its Relevance for the Euphrates and Tigris Region Ulrich Beyerlin Part IV: International Experience from other Regions of the World: Comparative Perspectives Chapter 13: Procedural System of Transboundary Water Cooperation in the Aral Sea Basin Dinara Ziganshina Chapter 14: The Jordan River: Legal and Institutional Aspects Marwan Haddad Chapter 15: The Amazon River Basin: Features, History and Legal Framework Lilian Del Castillo-Laborde Chapter 16: International Cooperation to Protect the Rhine River: Lessons to be Learnt for the Euphrates and Tigris Region? Katrin Tiroch Chapter 17: Sovereignty Revisited - Examining the Rules of International Law that Govern Transboundary Water Resources with a Focus on Upstream/Downstream State Practice - Possible Lessons Learned for the Euphrates-Tigris Patricia Wouters Index