Water Law and Development

Water Law and Development

in Water Law – Encyclopedia on Environmental Law
Edited by Joseph Dellapenna & Joyeeta Gupta
Edward Elgar
2021

This chapter examines water law in a global South-global North context. It looks at the recent evolution of water law, divided between a push for recognising water as an economic good that can be traded like any other commodity and a counter push for enshrining the commons nature of water through the public trust doctrine and the recognition of the human right to water. It then considers necessary steps for the future of water law, including the recognition of water as a common heritage and the need to reconceive the right to water as a right to free water.