taher heidarzadeh; rahmat hajimineh
Abstract
The implementation of Turkey's huge dam construction projects on the international rivers Tigris, Euphrates and Ars has caused various consequences for the neighboring countries. This action has brought reactions from the downstream governments that are directly related to the rights of these governments ...
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The implementation of Turkey's huge dam construction projects on the international rivers Tigris, Euphrates and Ars has caused various consequences for the neighboring countries. This action has brought reactions from the downstream governments that are directly related to the rights of these governments and the obligations of the upstream government from the perspective of international law. Although Turkey responded to these criticisms and justified the construction of dams as an internal issue within the framework of national sovereignty, but in terms of the consequences of this Turkish policy for the surrounding countries, it cannot be considered limited to national sovereignty. Therefore, the purpose of this article is to investigate the legal aspects of Turkey's dam construction (Gap and DAP) based on the logic of its consequences on the surrounding countries (Iran, Armenia, Azerbaijan, Syria and Iraq). The main question of the research is that Turkey's huge dam constructions in the form of GAP and DAP projects can be interpreted from a legal point of view with which domestic law and international law cases? which, with a descriptive-analytical method, evaluates the hypothesis that Turkey's numerous dams on the international rivers Tigris, Euphrates and Aras in the form of GAP and DAP projects, from an internal point of view, violate the first article of the rights of minorities and article 27 of the International Covenant on Civil and Political Rights. From an international point of view, it is contrary to Article 5 of the rule of fair use in international waterway rights and in conflict with the rule of no damage, the principle of prevention and caution in international environmental law.
