The Role of the Rule of Law in Reducing Water Conflicts, Disputes, and Litigation in Iran

Abstract

Water, as a vital and scarce resource, is not only an economic asset but also a domain for assessing institutional capacity and the quality of governance. Water-related conflicts, which arise at international, national, and local levels, inherently reflect the manner in which the rule of law is implemented in regulating this limited resource. This article, adopting a public law analytical approach, examines the role of the rule of law in the prevention, management, and resolution of water conflicts, demonstrating that governance grounded in principles such as transparency, accountability, distributive justice, and institutional impartiality can facilitate a path toward sustainable and legitimate water resource management. An examination of Iran’s legal frameworks, including the Constitution, the Law on Fair Distribution of Water (1982), and general water sector policies, reveals that despite the existence of legal capacities, their implementation faces challenges such as regulatory fragmentation, weak enforcement mechanisms, centralization, and the absence of genuine stakeholder participation. Case studies such as the Zayandeh-Rud River, Lake Urmia, and the Karun River further indicate that neglecting public law requirements has led not to the reduction of tensions but to the intensification of conflicts and the erosion of public trust. Finally, drawing on successful international experiences, the article proposes solutions including the reform of foundational laws, the establishment of independent dispute resolution institutions, the guarantee of environmental water rights, and the development of a national water information system. The main contribution of this article is the assertion that the rule of law constitutes the backbone of equitable and sustainable water governance, and that neglecting it poses a threat to both environmental integrity and national security.