The right to water in a transboundary context: emergence of seminal trends

Abstract

The human right to water is receiving increasing recognition in national legislative acts and international instruments. Along with this recognition comes the legal delineation of state obligations with respect to water availability, access and supply, as well as to the protection of these individual water rights. Questions remain, however, as to whether “water-rich” states are under any obligation to provide the resource to “water-poor” states and, if so, to what extent. These questions are explored here with respect to international cooperation obligations under human rights law as well as with respect to the law applicable to transboundary water resources.

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