For a long time, water was all too easily regarded—at least in our temperate climates—as an abundant resource that could be exploited indefinitely. The water stress that France experienced during the summer of 2022—and is likely to face again—was a painful return to reality. This reality was acknowledged during a special UN summit on the subject held March 22–24, 2023, and with Emmanuel Macron’s announcement of a “water” plan around the same time. As tensions and disputes are likely to escalate over this “blue gold,” it would be interesting to examine what the law—which is increasingly likely to be invoked—has to say about this issue.
[By coincidence, the Avenir Commun Durable initiative hosted Professor Laurence Boisson de Chazournes, a legal scholar, as holder of the chair of the same name during the 2022–2023 academic year ; her teaching focused on “international law and water.” This article is based on her lecture from January 27, 2023, the full recording of which can be found at the bottom of the page.]
Turning on a faucet and watching water flow. This action and its immediate consequence, which at first glance seem very ordinary, are in reality not always trivial. In fact, in 2019, according to the WHO and UNICEF, 2.2 billion people still lacked access to safely managed drinking water services. Moreover, water was—and remains—a scarce resource in many regions of the world.
As early as the 1990s, international institutions sought to promote access to water and sanitation, recognizing that this precious liquid is vital to human beings. Consequently, international law governing water resources underwent a significant shift toward a human-centered approach, placing individuals at the center of attention. Water was no longer viewed purely as an economic commodity but as an essential element for meeting people’s needs.
Within international bodies, the promotion of access to water for all has gradually solidified into a human right to water through various texts and developments in the global legal order. Without going into detail here, while no exact definition of this right truly existed, a consensus eventually emerged. In particular, we will present the definition provided by the United Nations Committee on Economic, Social, and Cultural Rights in 2002: “ The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use .”
In addition to the criteria mentioned above ( in bold in the text), equity, respect for the rule of law, and the principle of non-discrimination have also been emphasized to universalize and thus further promote this new right. This approach has helped foster an egalitarian and positive dialogue that challenges states to meet the established goals for access to water and sanitation. While the right to water was first formalized at the international level, it is gradually being incorporated into national legislation. Slovenia, for example, was the first European country to recognize this right in its constitution. Other countries, such as Armenia, Bolivia, Cambodia, Chile, Costa Rica, the Democratic Republic of the Congo, Ecuador, Kenya, Namibia, Niger, Nicaragua, Uganda, and Uruguay, have also incorporated it into their constitutions or legislative frameworks. This growing recognition is creating a ripple effect, as some national courts no longer hesitate to cite the observations of human rights bodies or the resolutions of international institutions to uphold the right to water in certain local court decisions.
However, in recent years, meeting human needs has no longer been the sole criterion for institutionalizing this right. Indeed, environmental issues—particularly climate change—are beginning to take center stage in the debate. International law is gradually supporting the idea of a causal link between maintaining a healthy environment, protecting ecosystems, and ensuring a sustainable water supply. This recognition has enabled several indigenous peoples to assert their rights to their ancestral lands on the grounds that their right to access safe, unpolluted drinking water had been violated (see the case of Lhaka Honhat Association [Our Land] v. Argentina) . A connection is thus beginning to emerge between the human right to a healthy environment and the right to water. Water shortages around the world are likely to accelerate this process.
