Good Governance and the Issue of Hirmand River Water Rights

Authors

    Hadi Mirshkar Ph.D. student, Department of Law, Da.C., Islamic Azad University, Damghan, Iran
    Mojtaba Babaee * Department of Law, Payam Noor University, Tehran, Iran mojtaba.babaee@pnu.ac.ir
    Ramezan Dehghan Department of Law, Da.C., Islamic Azad University, Damghan, Iran

Abstract

The dispute over river water has always been a challenging issue worldwide and has occasionally resulted in litigation between states. At the same time, the concept of good governance has emerged, referring to principles such as transparency, participation, rule of law, and justice, which can potentially transform the long-standing disputes over the Hirmand River’s water rights into opportunities for cooperation. This study seeks to analyze the discourse of good governance and the issue of Hirmand River water rights. Findings indicate that resolving disputes over the Hirmand River’s water rights within the framework of good governance faces multiple challenges, some of which are rooted in historical, political, and structural issues. Such challenges include: lack of mutual trust between Iran and Afghanistan, weakness of joint monitoring institutions, climate change and reduction of water resources, political instability in Afghanistan, geopolitical interests of regional and transregional powers, limited participation of local communities, and finally, the outdated provisions of the 1973 treaty and their incompatibility with current conditions (such as demographic, environmental, and technological changes). Strengthening the rule of law through the revision and strict implementation of the 1973 treaty, along with the establishment of joint monitoring institutions, constitutes another step toward resolving this crisis. Meanwhile, institutional accountability to citizens and the international community, through supervision by organizations such as the United Nations, ensures the proper implementation of agreements. Although challenges such as political tensions and climate change remain, indirect diplomacy and investment in climate-adaptive projects can mitigate these obstacles. Ultimately, good governance, by transforming competition over water into cooperation, provides a model for the sustainable management of other shared border resources.

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Published

2025-09-01

Submitted

2025-05-19

Revised

2025-08-17

Accepted

2025-08-26

Issue

Section

Articles

How to Cite

Mirshkar, H. ., Babaee, M., & Dehghan, R. . (2025). Good Governance and the Issue of Hirmand River Water Rights. Legal Studies in Digital Age, 1-7. https://jlsda.com/index.php/lsda/article/view/189