ABSTRACT

The right to water has become one of the most complicated and fascinating paradigms of human rights discourse. This chapter talks about the world Water forum of the Hague that resulted in a document in which water was qualified as an economic good of industrial relevance. The path that led to the acknowledgment of a fundamental right to water has been developed on the two levels of international law and constitutional law two separate tracks that have resulted in some partial convergence and integration. Historically, inland waters were not regulated by international law. The chapter also talks about the duty to protect the included in interventions replacing the failure of third state investments, which operate in another state for the provision of water. This would be an important tool against some risks of water privatization. In South Africa, a famous court case concerned the right to water, which was decided ultimately by the Constitutional Court.