المبادئ القانونية الناظمة لاستخدام مياه المجاري المائية الدولية : دراسة في أحكام اتفاقية الأمم المتحدة لسنة 1997

الملخص EN

International rivers and their use in the nineteenth century and early twentieth century were not so important that they required an international regulation .The requirements of people were limited, the technical and scientific progress was in its early stage, and the international conventions made during that period was restricted to the issue of regulation of navigation in international rivers .

However, with the beginning of the current century and with the huge scientific progress the importance of water increases and the attention of the coastal states adjacent to the international rivers was not directed to the navigational use, but it extended to include power generation, mining activities, building dams to increase cultivated areas, and protection of surplus water from flowing into sea and holding it behind dams.

Undoubtedly changing watercourse to store water or make use of it economically represents now one of the fundamental problems in the international relations, which is an ambiguous problem with regard to the nature of the problem itself .

Moreover, the increasing number of population and the needs of agriculture and industry have led to the growing need for water, which results in two contradicting matters, on the one hand states have desired and been interested in using international watercourses falling within their domain, and on the other hand they have become more concerned about any projects they may make towering over rivers lest they would have bad effects on them .

As a result of this extension in making use of these waters interests of states sharing them have clashed, and it has more often than not become impossible to hold conventions to stabilise conflicting interests between them, for each state desires to make use of the part through its territory it passes paying no attention to the harm such a use may cause to the other states sharing water with them.