The Legal Framework Governing the Helmand River: An International Law Perspective (Dari)

Abstract

In areas with low rainfall, such as Afghanistan and Iran, the use of water of common rivers can either be a source of conflict, or - on the contrary – a source of cooperation among countries. Helmand River and its legal regime is still quite unknown for many people. Despite several agreements on the legal regime of Helmand River between Afghanistan and Iran in the last 150 years, use of the river is still problem- atic. This paper reviews briefly Afghan Water Law of 2008 in comparison with its precedent of 1991 in respect to international water law. Then the paper briefly reviews the principles of the UN Convention on the Law of the Non- Navigational Uses of International Watercourses of 1997. Also the paper ana- lyzes the nexus between the 1997 Convention and the two ICJ's decisions on relevant cases. This paper has an overview of the historical problems and sev- eral solutions over Helmand River during the last 150 years. By emphasizing on the 1973 Agreement, as the enforceable treaty over Helmand River, the paper explains the legal regime governing Helmand River.