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This progress, however, has not extended to vulnerable groups who lack legal protections
regarding water access and who stand to gain the most from these protections. Vulnerable groups
lacking the “right to have rights” are entitled to protection and recognition regarding the human
right to water. This does not guarantee enforceability of these rights, but it is highly problematic
that vulnerable groups already at risk due to ambiguous legal statuses also remain unprotected with
respect to the essential right to water. How can any hope for enforceability exist if even an enforceable
definition of the human right to water remains absent?
As Benhabib argues, “the boundaries of political community, as defined by the nation-state system,
are no longer adequate to regulate membership”, but “Arendt was just as skeptical about the ideals
of world government as she was about the possibility of nation-state systems ever achieving justice
and equality for all” [37]. This article has examined a path forward for international law relating
to the right to water for those lacking a “right to have rights” that treads a middle ground between
reliance on inter-state resolution (which inevitably excludes the stateless and displaced) and reliance
on non-enforceable UN “world” governance. The history thus far of the human right to water suggests
that securing reparations for the stateless, displaced, and victims of armed conflict may, albeit slowly,
become a more accessible process outside limits of national laws and civil rights in the future.
A precedent recommending “compensation” has been set in the UNWC, but international law
must continue to evolve to better cope with ongoing violations of the human right to water and
implementation of functioning reparations mechanisms, beyond a mere “discussion of compensation”.
Funding: This research received no external funding.
Acknowledgments: I am grateful for the support of George Joffé, who was my dissertation supervisor while
completing my MPhil at Cambridge, and who provided feedback on an earlier version of this work. Thank you
to Sinan Antoon, Vasuki Nesiah, and Peder Anker for their support during the early stages of my focus on the
human right to water. Thank you to the convenors of the seminar, “Water (In)Security, Migration, and Regional
Integration: Is There a Nexus?” at the 2019 World Water Week in Stockholm, for the opportunity to present this
work. Participants in conferences hosted by SOAS, ISA, ACUNS, Oxford, NYU, BRISMES, MESA, and LSE, where
aspects of this research were presented, provided valuable input. I am indebted to all the people impacted by lack
of water access, and all those working in the water access and human rights fields, who took the time to speak
with me about their experiences. My time as an NYU Gallatin Global Fellow in Human Rights was crucial for
informing my research on this topic. I would also like to thank the LSE Law Department and Gerry Simpson,
and acknowledge the support of the Judge Rosalyn Higgins Scholarship, as I continue my work on the subject of
environmental justice.
Conflicts of Interest: The author declares no conflicts of interest.
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