Su Hakkı Bağlamında Sınıraşan Sular: Ekolojik Bir Bakış
Transboundary waters in the context of right to water: An ecological perspective

Summary/Abstract: Water is a vital resource for not only human being, but also all living things in nature and for the sustainability of ecosystems. Water has become a challenging issue in 21st century, while economic, political, social, humanitarian and ecological crises has been deepening. Transboundary waters with their multilateral and multidimensional problems and opportunities are at the focus of this study. The main aim is to discuss whether right to water can be an appropriate framework in order to improve cooperation in transboundary water basins. In this context, the right to water is assessed not only as a part of human rights but also with its broadening meaning as an ecological right. This study focuses on theoretical discussions rather than case studies; hence related to transboundary waters it is also arguing that to change legal status of waters and to adopt water as a part of common heritage of humankind would be an influential step towards a fair and equitable cooperation for establishing an effective ecological structure. In this context, first the right to water and its content will be treated; then conflict and cooperative approaches related to transboundary waters will be assessed. The two international conventions related to transboundary waters - Convention on the Protection and Use of Transboundary Watercourses and International Lakes, and Convention on Non-navigational Uses of International Watercourses- will be examined in order to understand if they might be able to set a substantial base to improve an ecological perspective for transboundary waters. Furthermore it is defended that the status of common heritage of humankind concerning water and especially transboundary waters should be an essential part of discussion of the right to water in order not only to improve cooperation between riparian countries but also to protect the rights of next generations and other species that we share the Earth as well. Water as common heritage of humankind might be an effective step to develop sanction mechanisms against ecological degradation.

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