Employing the Rules of Public International Law to Promote Water Diplomacy in Iraq

Abstract

The water management policies of Turkey, Syria, and Iran have severely impacted Iraq’s share of water from the Tigris and Euphrates basins. Beginning in the 1970s with Turkey’s Keban Dam and GAP project, Syria’s Tabqa Dam, and Iran’s restrictions on water flows, Iraq’s water resources have steadily diminished. This issue has been further exacerbated by climate change, which has reduced supply while water demand in Iraq continues to grow. The resulting imbalance necessitates urgent action through international water diplomacy to address Iraq’s critical water crisis. This research highlights the legal challenges posed by the principle of "state sovereignty," rooted in the doctrine of "sovereign will," which allows upstream states to avoid binding agreements. Iraq has faced significant diplomatic disadvantages due to these policies. However, this paper explores strategies for Iraqi negotiators to counter these challenges by leveraging the objectives of the United Nations in maintaining international peace, security, and fundamental human rights. The study argues that Iraq can strengthen its position by pursuing litigation against upstream states in international courts for violating the principles of shared water resources and the human right to water. Additionally, it recommends that Iraq adopt a human rights-based approach to water diplomacy, emphasizing the human right to water as a universal principle aligned with UN goals. This strategy seeks to build international public opinion and solidarity, pressuring upstream states into equitable water-sharing agreements and supporting Iraq's access to its fair share of water resources.