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http://ssrn.com/abstract=1761556
 
 

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Iraq’s Constitutional Mandate to Justly Distribute Water: The Implications of Federalism, Islam, International Law and Human Rights


Sharmila L. Murthy


Suffolk University Law School; Harvard Kennedy School - Sustainability Science Program; Harvard Kennedy School - Carr Center for Human Rights Policy

January 1, 2011

George Washington International Law Review, Vol. 42, 2011

Abstract:     
With the impending water crisis in Iraq as a backdrop, this article examines the implications of Iraq’s constitutional mandate to ensure the “just distribution” of water. In 2005, Iraq adopted a new Constitution with a federal structure that was intended to balance power between its Shia, Sunni and Kurdish communities. Water is a unique case study for understanding Iraq’s federal structure because under the Constitution, power over water is shared between Iraq’s federal and regional governments, but not with governorates not incorporated into regions. Because water is not equally distributed across Iraq, jurisdictional disputes over this increasingly scarce resource could exacerbate the fragile ethnic-sectarian tensions that had led Iraq to adopt a federal system of government in the first place. This article suggests that such conflicts could be mitigated by Iraq’s constitutional mandate to ensure the “just distribution” of water. Islamic law and international law, both of which are referenced in Iraq’s constitution, offer guidance on how the “just distribution” obligation should be interpreted. This article concludes that Iraq should develop a domestic policy that embraces the principles of “equitable and reasonable utilization” in international transboundary water law. Drawing on Islamic and human rights law, Iraq should also should interpret its “just distribution” requirement as incorporating a human right to water.

Number of Pages in PDF File: 38

Keywords: Iraq, Tigris, Euphrates, Water, Human Rights, Islam, International Law

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Date posted: February 15, 2011 ; Last revised: October 15, 2013

Suggested Citation

Murthy, Sharmila L., Iraq’s Constitutional Mandate to Justly Distribute Water: The Implications of Federalism, Islam, International Law and Human Rights (January 1, 2011). George Washington International Law Review, Vol. 42, 2011. Available at SSRN: http://ssrn.com/abstract=1761556

Contact Information

Sharmila L. Murthy (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
Harvard Kennedy School - Sustainability Science Program ( email ) ( email )
79 John F. Kennedy Street
Cambridge, MA 02138
United States
Harvard Kennedy School - Carr Center for Human Rights Policy ( email ) ( email )
79 John F. Kennedy Street
Cambridge, MA 02138
United States
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