The Tigris - Euphrates water conflict is frozen conflict between three riparians (Iraq, Syria and Turkey). The conflict came up because of upstream water projects by Turkey and therefore the restriction of water access to individuals of downstream failed states (Iraq and Syria). There are two principles are conflicting: Territorial sovereignty of Turkey and human right to water of individuals (This is issue of global justice and not international justice due to failed states). My question is: whom belongs water and how property (connected with territory) theory of Locke can be connected to the sovereignty principle of Turkey?
Thank you beforehand
This is an interesting and unfolding legal issue that clearly involves also considering the relationship between human rights and property laws, but also with respect to legal recognition of natural entities has having rights, and in some cases, rights equivalent to those granted humans. For example, in New Zealand, the Whanganui River was granted the same rights, legally, as humans (see, summary, https://www.theguardian.com/world/2017/mar/16/new-zealand-river-granted-same-legal-rights-as-human-being). That case was then cited and effected the outcome of a similar case in India (https://www.theguardian.com/world/2017/mar/21/ganges-and-yamuna-rivers-granted-same-legal-rights-as-human-beings). In the case in India, rights for two rivers were recognized, meaning that 3 rivers now have human rights.....
I can't say I know very much about this issue in Turkey, except for this analysis....
Islar, Mine. 2012. Struggles for recognition: Privatisation of water use rights of Turkish rivers. Local Environment 17 (3): 317-329.
The Colombian Constitutional Court in Sentence T-622/2016 recognized the Atrato River, its watershed and tributaries as an entity subject to the protection, conservation, maintenance and restoration rights of the State and the ethnic communities that inhabit this fragile ecosystem on which they depend.
www.corteconstitucional.gov.co/relatoria/2016/T-622-16.htm
The Convention on the Non-Navigational Uses of International Watercourses took effect in 2014 after Vietnam joined the agreement. Iraq and Syria have also ratified the convention but, not surprisingly, Turkey has not. Quite sensibly, the Convention provides that water course states should participate in the development and protection of an international watercourse "in an equitable and reasonable manner." Art. 5, Sec. 2. The Convention encourages countries to work out their differences among themselves but it also provides for arbitration or submission to the ICJ if they cannot otherwise resolve their differences. It is tough to get upstream states to agree to these provisions.
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-12&chapter=27&clang=_e
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