A reflection on water governance institutions, actors and method on the legal system of Iran and Afghanistan

Document Type : Original Article

Authors

1 Public law, Law, Shahid Beheshti, Tehran, Iran.

2 Associate Professor, public law department, law faculty, Shahid Beheshti University, Tehran, Iran.

10.52547/jlr.2023.229665.2387

Abstract

Today, water management is subject to very complex and diverse organizational arrangements in the world, so the structural elements examination like institutions, actors, and governance methods help in the systematic analysis and evaluation of water governance. Considering that, these elements features have a determinative effect on the water governance performance in countries, this research seeks to investigate how the above elements are in the Iran and Afghanistan's water governance system. In this regard, in the discussion of the institutions that determine the water resources management method, the official institutions have a prominent role and position in the water governance of both countries, although in Afghanistan, informal institutions also have significant activity in the agriculture waters management. In the actors' discussion, according to the sides of the good water governance actors' triangle (government, nation, civil society), Iran's water management actors are governmental, people and civil society are not present in this arena, and no plan has been considered to bring them to the scene. Therefore, Water management method is hierarchical in Iran and the main decisions are taken according to the ruling government's policies and are implemented by the relevant ministries and departments. But in Afghanistan, according to the twenty years of the Islamic republic system’s policies and laws, and what happened in performance, to the good water governance’s goal, there has been tendency for a decentralized management by combining the network and market methods with a focus on the water and Energy Ministry, sea basins and people participation.

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Articles in Press, Accepted Manuscript
Available Online from 15 July 2023
  • Receive Date: 08 January 2023
  • Revise Date: 25 June 2023
  • Accept Date: 15 July 2023