Rights of Rivers in a Changing Climate

Abstract

Climate change presents a risk to drinking water, water supply for industry, energy, and agriculture, and to water-related ecosystems broadly. Parties to the unfccc focused attention on water issues in the 2022 Sharm el-Sheikh Implementation Plan of cop 27, recognizing the critical role of ‘protecting, conserving and restoring water systems and water-related ecosystems in delivering climate adaptation benefits and co-benefits’ and urging the integration of water considerations into adaptation efforts. At the same time, water norms are emerging around rivers and bodies of water, prompting a radical rethinking of the way we manage freshwater. This commentary examines an evolving transnational water norm – rights or personhood for rivers – and considers the limits and possibilities of this norm in a climate change context. Drawing on case law in domestic jurisdictions, it shows that recognizing the limits and possibilities of emerging transnational water norms is a crucial part of the climate-water nexus.