Christina Leb, Université de Genève, Public International Law, christina.leb@unige.ch
Abstract
Water is becoming increasingly scarce due to population growth, economic development and climate change. Unequal geographic distribution of freshwater resources puts populations in certain States and regions at particular risk. No longer are individuals living in these areas in the position to satisfy their vital water needs on their own. Legal development has been responding to this human vulnerability. The human right to water is receiving increasing recognition in national legislations and international instruments. Along with growing recognition of the right comes the identification of clear legal contours of State obligations with respect to water availability, access and supply, as well as with respect to protection of these individual water rights. Questions remain however as to whether there exist obligations between States to overcome the imbalance in geographic water distribution. Are “water-rich” States under any obligation to provide the resource to “water-poor” States? What would be the content and the nature of these obligations? These questions are explored here with respect to international cooperation obligations under human rights law as well as with respect to the law of transboundary water resources.
Keywords: human right to water, transboundary waters, international water law