Jeudi 20 février 2025: Özge Türk

Abstract:

Ensuring water security is a paramount concern for States in the 21st century, with dams playing a pivotal role in water resource management. However, despite their importance and proliferation, no comprehensive international legal framework specifically regulates States’ rights and obligations during dam development and operation on transboundary watercourses. To address this gap, the thesis evaluates pertinent international, regional, and bilateral legal instruments, jurisprudence, and doctrine, to frame States’ rights and obligations against other States, individuals, and other stakeholders during the planning, construction, and operation of dams on transboundary watercourses in two main parts.

The first part focuses on defining States’ rights and obligations towards other States during dam development and operation on transboundary water resources. Drawing upon the two international water conventions, the Convention on the Law of the Non-navigational Uses of International Watercourses and the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, this part analyzes the international water and environmental law principles applicable to dam developments. This analysis clarifies the substantial and procedural obligations incumbent upon States throughout the various stages of dam development, utilizing international and regional court decisions and practical examples from diverse regions. To conclude, it sets forth a roadmap showing how States might adhere to international water and environmental law principles through every stage of their dam development and operation on transboundary watercourses.

The second part addresses States’ human rights obligations towards individuals and communities affected by dam projects, particularly in the context of the human right to water. Departing from the human right to water, it examines how dam developments can infringe upon the rights of individuals and communities, particularly in extraterritorial contexts. Through the lens of international human rights law and regional jurisprudence, this part highlights how States can integrate a human rights-based approach into the planning, construction, and operation of dams to safeguard fundamental rights while fostering environmental sustainability.

To conclude, by bridging water, environmental, and human rights law, the thesis offers a comprehensive legal framework for sustainable dam development on transboundary water resources that respects cross-border cooperation and protects the rights of affected individuals and ecosystems. Addressing gaps in international law and advocating for cross-border cooperation and human rights protection, it contributes to the advancement of legal governance over shared water resources, fostering a balance between state sovereignty, environmental sustainability, and the rights of affected individuals and ecosystems.

2025