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Russell, Anna F.S. --- "The human right to water in a transboundary context" [2019] ELECD 76; in McCaffrey, C. Stephen; Leb, Christina; Denoon, T. Riley (eds), "Research Handbook on International Water Law" (Edward Elgar Publishing, 2019) 255

Book Title: Research Handbook on International Water Law

Editor(s): McCaffrey, C. Stephen; Leb, Christina; Denoon, T. Riley

Publisher: Edward Elgar Publishing

ISBN: 9781785368073

Section: Chapter 15

Section Title: The human right to water in a transboundary context

Author(s): Russell, Anna F.S.

Number of pages: 18

Abstract/Description:

Traditionally, human rights law has protected the individual against his or her State, not against actions of other States. Thus, failure of an individual’s government to take steps to progressively ensure access to adequate water would generally constitute a human rights violation. Yet, if the same lack of access is due to the actions of another State, has that State violated the individual’s right to water? This chapter explores this question in the context of transboundary watercourses. After section 1 introduces the subject, section 2 examines arguments relating to potential extraterritorial obligations of States to respect, protect and fulfil the right to water of individuals living in co-riparian States. Section 3 reviews accountability mechanisms for holding States responsible for any extraterritorial violations of the right. Section 4 discusses the influence of the right to water on international watercourses law, along with suggestions on how it may inform joint management institutions.