Analysis of the Water Legal System in Afghanistan: Challenges and Opportunities in National and International Documents

Abstract

Population growth, state industrialization, and increasing competition over water resources have highlighted the theory of water allocation and water disputes in the international system. In response, the 1982 Convention on the Law of the Sea, the Helsinki Rules, the 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses, and the Berlin Rules provide a legal framework for the equitable utilization of international waters. Afghanistan, as a landlocked country, has no access to the high seas but possesses considerable freshwater resources on which some neighboring states depend. However, except for the 1973 Helmand Treaty, Afghanistan has no transboundary water agreements with its neighbors. This situation creates legal opportunities for greater water utilization but also poses challenges due to climate change and the absence of a coherent domestic framework. This study emphasizes the need to develop and strengthen Afghanistan's water law regime. The research is fundamental in purpose and descriptive-analytical in method. (Not Right. Correct!) Findings indicated that the absence of a comprehensive water law, fragmented institutional jurisdictions, weak coordination among governmental bodies, and limited enforcement mechanisms are major obstacles to water resource management in Afghanistan. National legal instruments and principles of international water law also provide an appropriate basis for regulating water relations with neighboring states. Accordingly, developing a comprehensive legal framework and strengthening responsible institutions are essential for managing transboundary waters and reducing water disputes.