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Ass. Lect. Mona El shekh :: Publications:

Title:
النظام القانونى للسدود على الأنهار الدولية – دراسة تطبيقية
Authors: Not Available
Year: 2019
Keywords: Not Available
Journal: Not Available
Volume: Not Available
Issue: Not Available
Pages: Not Available
Publisher: Not Available
Local/International: Local
Paper Link: Not Available
Full paper Mona El shekh_paper.pdf
Supplementary materials Not Available
Abstract:

The first Part from the first chapter of the thesis has dealt with the construction and building up dams on the international rivers, where it has been shown and explained the development and exploitation of the international rivers in the first chapter of thesis that starts with the exploitation of the international waterways, rivers and canals and how this has been reflected on the definition of the international rivers where the concept of this definition has been deeply rooted and settled at that stage known as “ An International Waterway”: That is to say it includes all sections which are valid and suitable for navigation and which is connected to seas through waterways that separates the different countries and as a result of the development and the significance of the waters of international rivers. The second part has been clearly explained and shown the exploitation of international rivers for other purposes irrelevant to water navigation and the full usage of dams water tanks and canals as a means for achieving this target. Despite all those several benefits and the advantages and profits attained by such dams, canals and Waterways, there’s much controversy, argument and debate about and around this issue. These don’t include designing or building up and operating dams by themselves. This includes a set of and a variety of social, environmental, political and legal options which depends on the human perception, prospective and outlook for development and achieving welfare and prosperity as well as the change of dams radically concerning rivers and dams and the use of natural resources which lead to- in most cases- the redistribution of benefits from the users of local rivers to new collections or groups of benefactors on both the national and regional levels. In the second part of the first chapter; it has been clearly reflected the development and exploitation of international rivers from their definition. Such concept is no longer restricted to international navigation and rivers and canals are no longer just pipes or tanks which transfers carries water, It has developed and surpassed all outlooks perceptions regarding the components of the international sanitary sink or basin for being considered as a whole unit which is inseparable and can’t be divided or separated. Finally, we have realized that the expression “ International Drainage Basin” is the most suitable and convenient for the hydro-graphic natural of international rivers. Consequently, any country all over the world is not allowed or permitted to use the water of rivers to cause harm or do damage for others. Therefore, any country with coastal borders and overlooking rivers has no an absolute right to construct and build up dams on its international rivers. They even stick to and are restricted to a set of regulations and legal commitments. After handing the first part of chapter three of thesis which has authorized, certified and granted the right to countries overlooking rivers and dams to exploit their water resources, there has been a big question arising concerning the possibility of building up dams in countries with roots and origins of rivers, and what are the international legal rules and laws that control and dominates the construction and building up of dams and the mechanism of operating such dams, canals and lakes on condition that this does not affect negatively on the standard, quantity and quality of water rates and portions which are distributed and reach countries which have the middle site or position of countries of the outlet or overflowing or down falling. In other words, what are the rules and regulations concerning the full control over tanks and dams to be filled up with water since the very beginning of its operation and during the process of operating them?

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