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The no significant harm principle and the human right to water

Author

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  • Otto Spijkers

    (China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University)

Abstract

Access to water has been recognized as an international human right at least since 2010, when both the United Nations General Assembly and the Human Rights Council adopted resolutions to this effect. The no significant harm principle can be found in the UN Watercourses Convention, and in numerous other global, regional, and watercourse-specific treaties. This paper provides an explanation of how the no significant harm principle and the human right to water supplement each other, by jointly protecting both the State and the individual from significant harm done, by another State, to a watercourse on which they depend. The dispute between Chile and Bolivia relating to the status and use of the Silala waters is used as a case study, to illustrate the way in which these two international legal regimes (international water law and international human rights law) supplement each other.

Suggested Citation

  • Otto Spijkers, 2020. "The no significant harm principle and the human right to water," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 699-712, December.
    • Handle: RePEc:spr:ieaple:v:20:y:2020:i:4:d:10.1007_s10784-020-09506-3
    DOI: 10.1007/s10784-020-09506-3
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    Cited by:

    1. Peter H. Sand & Jeffrey McGee, 2022. "Lessons learnt from two decades of international environmental agreements: law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 263-278, June.
    2. Joyeeta Gupta & Aarti Gupta & Courtney Vegelin, 2022. "Equity, justice and the SDGs: lessons learnt from two decades of INEA scholarship," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 393-409, June.
    3. Naho Mirumachi & Margot Hurlbert, 2022. "Reflecting on twenty years of international agreements concerning water governance: insights and key learning," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 317-332, June.

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