The Absence of Treaties: The Need for Investigating States’ International Obligations in the Dam Construction Process from the Perspective of International Law

چکیده مقاله

The history of damming as one of the largest man-made structures dates back to ancient times. Although dams play an important role in supply of drinking water, irrigation, hydroelectric power and economic and social development, their irreparable environmental impacts on the ecosystem of peripheral States should not be ignored. Today, the absence of clear and specific regulations concerning international obligations of States in the process of damming has resulted in the construction of numerous dams in the territory of a large number of States including Turkey by the help of the doctrine of absolute territorial sovereignty. This matter has led to the reduction of water resources, the subsequent droughts, population migration, and the emergence of dust storms in the neighboring countries, hence the creation of international disputes. This study, through descriptive-analytic method has addressed the legal events of the dam construction, such as the case concerning the Gabčíkovo-Nagymaros Project, GUT Dam Case, GAP Damming Project, Kajaki Dam, Doosti Dam and through these events, tries to clarify the rules governing the constructions of dams by States.