پژوهش های حقوق تطبیقی (Dec 2023)

Comparative Studying the Cooperation Principle Regarding the Allocation of Shared Waters in the legislative and judicial systems of the European Union and Africa

  • Elham Aminzadeh,
  • Mersedeh Mazloumi,
  • Fazlollah Mousavi

Journal volume & issue
Vol. 27, no. 2
pp. 101 – 124

Abstract

Read online

Although the issue of water rights and especially shared waters has been very important for a long time, But during the transition from the traditional structure, the importance of adhering to the requirements in this field has doubled. The problem of investigating on the allocation of shared waters in the European region due to the large population and lack of resources and in the African region due to the fact that a significant part of these resources has remained unused, has gained great importance and its inappropriate allocation has led to discrimination and deprivation of many people which has affected other dimensions of human rights. In order to solve this challenge and achieve the main goal, i.e. the realization of justice for all members of the human society, the legislative and judicial approach governing the two regions of Africa and Europe regarding the principle of cooperation governing the allocation of shared waters have been analyzed and through matching among them, the strengths and weaknesses of each one has been revealed. Therefore, solutions have been presented to provide good governance and the reasonable and fair allocation of these resources in accordance with the existing social realities in each land which can be applied to other areas that are facing this problem and prevented the occurrence of disputes in this area or the disputes that have occurred continuously resolved peacefully

Keywords