المستخلص: |
The environmental legal system in Iraq suffers from a legislative vacuum in the field of water rationing and rationalization of consumption while many countries in the region are aware of the importance of speeding up filling this vacuum as a precautionary measure, which enable it to address the crisis of water scarcity. The legislative vacuum means the absence of the legal regulations that regulate and govern the individuals' behavior concerning the use of the water resources in order to guarantee the public ownership rights of these resources, on the one hand, and for the optimal use of these resources, on the other hand. The absence of the legal regulation for the water sector in Iraq has played an important role in exacerbating the water crisis and the wide-spreading of the phenomenon of waste and extravagance. It is worth mentioning that we discussed this issue by shedding light on the manifestations of this legislative vacuum on two aspects, which are regulating the use of water and the water's rationalization with the related legal means. In conclusion, we discussed a number of conclusions and recommendations. The most important one was the need to legislating a law for water, whose text deals the legal definitions and principles related to water and its resources, to the rights of individuals and institutions to benefit from them and to the restrictions applied to this right; as well as the need to the criminalization of the excessive use of water and its use for non-designated purposes, along with the need to the imposition of deterrent sanctions for the transgressors and defaulters.
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