International Freshwater Law from Genesis to Development

Document Type : Original Article

Authors

1 PhD Candidate of International Law

2 Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Associate Professor, Department of Law, University of Isfahan

10.30510/psi.2022.331042.3145

Abstract

The development of international law in general and international water law in particular has been due to the many efforts and initiatives of the international community, which over time, principles and rules have been developed and developed in accordance with the requirements. International Water Law Although a new branch of public international law, it has always been institutionalized at the heart of the law of the sea, and customary principles, doctrine, and jurisprudence emphasize this issue. For example, the principle of fair and reasonable use and the principle of respect for sovereignty and territorial integrity are among the customary principles of international law that are highly regarded today. In jurisprudence, the Smalter case is one of the most important claims in the field of international water law, which can be considered as a manifestation of the emergence of international law related to environmental issues, of course, through the development of general legal principles and not the development of environmental rules. With the evolution of Ab Gain International Law, the field of law progressed towards humanization, so that the rules and principles in this field shifted from a state-centered to a human-centered. Therefore, the present study, focusing on international water law, tries to study its evolution and development from different customary, treaty and judicial dimensions, and in this regard, descriptive-analytical research method has been used.

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