نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، حقوق بینالملل، دانشکدۀ حضرت ولیعصر، دانشگاه ملی مهارت، ایران
2 دانشجوی دکتری، حقوق بینالملل، دانشگاه قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Extended Abstract
Introduction
Climate change has emerged as a multidimensional challenge to environmental stability, economic sustainability, and human rights, particularly concerning water resources. In Iran, the intensification of climate-related impacts has exposed critical vulnerabilities within water governance structures. The Regional Water Management Company and its subsidiaries including provincial water companies play a central role in managing the nation's water resources. However, their legal and institutional frameworks remain ill-equipped to address the complex demands of climate change adaptation. Recent advisory opinions issued by international judicial bodies, including the International Court of Justice (ICJ), the Inter-American Court of Human Rights (IACtHR), and the International Tribunal for the Law of the Sea (ITLOS), have established normative foundations that compel states and executive institutions to integrate principles of intergenerational equity, the no-harm rule, precaution, and environmental justice into their governance models. Concurrently, economic instruments such as water valuation, cost–benefit analysis of adaptation projects, and estimation of non-compliance costs must be incorporated into decision-making processes to ensure intergenerational accountability.
Research Method
This study employs an analytical and comparative legal–economic methodology, integrating normative analysis of international climate law and human rights instruments with institutional assessment of Iran's water governance system. It examines statutory mandates, administrative constraints, and regulatory gaps within the Regional Water Management Company and its provincial subsidiaries. Furthermore, the research introduces institutional performance indicators including stakeholder participation, data transparency, social accountability, and budgetary efficiency as evaluative criteria for governance effectiveness. Drawing on comparative experiences from Turkey, India, and France, the study proposes context-sensitive reform strategies tailored to Iran's distinctive legal, economic, and environmental circumstances.
Results and Discussion
The findings indicate that Iran's water governance institutions must undergo structural transformation to fulfill their climate obligations. This entails redefining legal mandates in alignment with international legal principles such as the no-harm rule and intergenerational equity while simultaneously enhancing transparency and accountability mechanisms and embedding human rights norms, including the right to water and the right to a healthy environment, into operational procedures. Economically, the study underscores the necessity of conducting periodic cost–benefit analyses and implementing systematic water valuation frameworks to compare the costs of adaptation measures against the damages incurred through non-compliance. Institutionally, the research emphasizes the imperative of establishing participatory oversight frameworks and adopting measurable performance indicators to strengthen institutional accountability and responsiveness.
Conclusion
Effective climate adaptation in Iran's water sector necessitates a paradigm shift from technocratic management toward human-centered, multi-level governance. Iran's Regional Water Management Company and its subsidiaries must evolve into climate-responsive institutions capable of integrating the legal, economic, social, and ecological dimensions of sustainability. This transformation requires comprehensive legal reform, institutional innovation, and normative alignment with global climate and human rights standards. Through such reforms, Iran can enhance its resilience to climate-induced water risks and advance environmental justice via inclusive, transparent, and accountable water governance.
Acknowledgments
The authors gratefully acknowledge the constructive feedback provided by the anonymous reviewers and the editorial team, whose insightful comments substantially enhanced the clarity, analytical rigor, and overall quality of this manuscript.
کلیدواژهها [English]