ABSTRACT
Global water law and governance are described as both horizontally and vertically fragmented. Historically, water law and governance developed in fragmented stages, which has resulted in water being governed in different ‘clusters’ (horizontal fragmentation) and at different levels (vertical fragmentation). In terms of the latter, the present chapter focuses on the international level, which means that other levels (regional, subregional, domestic and local) are not addressed. Concerning the former aspect (horizontal fragmentation), one can distinguish the ecological, economic and social/human rights clusters or pillars, which relate to the main features of water. Namely, water can be seen as an environmental unit, an economic unit, and it also has a human rights aspect. At the international level, water as an ecological unit is regulated in international environmental treaties (e.g. 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses1 (even though not in force yet), the Convention on the Protection and Use of Transboundary Watercourses and International Lakes,2 and its two Protocols (Helsinki Protocol I3 and Helsinki Protocol II));4 water as an economic unit is governed mainly by the World Bank (WB) and to a certain extent by the World Trade Organization (WTO); finally, water as a human right unit is foreseen as part
* Special thanks are due to M. Hesselman and A. Hallo de Wolf for their meaningful comments on earlier drafts.
