Water as an Impure Global Public Good and the Impact of Procedural Rights on its Protection

Abstract

The achievement of ‘universal and equitable access to safe and affordable drinking water for all’ is among the goals set by the 2030 Agenda for Sustainable Development. This objective is related to the recognition of water as a human right, and to the qualification of water as a vital resource to preserve. This chapter reflects on the possibility of qualifying water as a global public good (albeit an impure one). To this end, and without any pretence of exhaustiveness, the chapter examines significant examples from international and domestic jurisprudence that show an emerging judicial awareness of the broader collective impact of questions related to the preservation of and access to water. In this context, specific attention is paid to the role played by environmental non-governmental organizations (NGOs) in fostering such awareness, thanks to the recognition of procedural rights before international and domestic courts.