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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Right to Water

Sam Kalen

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Comparative constitutional law — Natural resources — Collective rights — Right to water — Limitations on rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 ‘Water,’ in the words of Leonardo da Vinci, ‘is the driving force of nature’ and necessarily the predicate for human life. In its 2019 First Global Report: Environmental Rule of Law, the UN Environment Programme (‘UNEP’) reported how governments are now employing ‘rights-based approaches to help meet environmental commitments’ (at vii). This shift toward a ‘rights’ approach is only a few decades old (McGraw 138). The UNEP First Global Report further suggests that the ‘right to water’ enjoys ‘wide agreement on the existence and scope of the right (ibid. 16). Yet,...
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