Given that water is essential to life, water rights are a crucial aspect of international law. It is worth noting that only 0.5 percent of the water on Earth is usable freshwater. Water rights deal with the legal framework governing the access, utilization, and distribution of water resources among states, particularly across international boundaries. These frameworks aim to ensure equitable and sustainable water distribution, addressing the needs of different riparian states while preventing conflicts. As water scarcity intensifies globally due to climate change, population growth, and industrialization, the importance of effective water-sharing mechanisms cannot be overstated. This article investigates how well international law works to address water scarcity through sustainable water use agreements and fair cross-border water sharing. It begins by exploring the present international legal frameworks governing water rights. It then examines case studies to highlight the advantages and disadvantages of different frameworks, culminating in suggestions for further development.

The Legal Framework Governing Water:

First, the UN Convention on the Law of the Non-Navigational Uses of International Watercourses 1997 (“1997 Convention”) is very important, emphasizing the equitable use of international watercourses. The 1997 Convention was the first global treaty to codify international law governing transboundary water resources. The main provision of the 1997 Convention is Article 5(1), which deals with mandating the “equitable and reasonable utilization” of international watercourses by States so as to take into account the other states dependent on such watercourses. At present, there are 40 parties to the 1997 Convention.

Second, the 1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes (“1992 Convention”) is also important and entered into force in 1996. It was initially adopted as a regional instrument for the pan-European region and was opened to all UN Member States in 2016. Since then, its membership has expanded, with 5 countries outside the UNECE region joining this........

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