Über Grenzen hinweg: Die Bedeutung des Menschenrechts auf Wasser für grenzüberschreitende Gewässer

Water does not stop at national borders, whether surface or groundwater, but is of an inherently international character. Questions regarding the use and allocation of water are therefore relevant across borders. In legal terms, in particular international water law aims at the regulation of the use of transboundary water resources, but the human right to water and other human rights are also relevant in a transboundary context. Both areas of law provide policy-makers with allocation criteria for priority-setting. The article addresses the question of how to reconcile the two areas of international law. First, it gives a brief overview of the principles of international water law and continues to explain the human right to water and other relevant human rights. On the basis of extraterritorial obligations to respect, to protect and to fulfil human rights, the article demonstrates how the principles of international water law must be interpreted in light of human rights standards. The paper thus shows how both areas of law can be interpreted coherently to complement each other and to provide clear criteria for the allocation of water. These require a priority for basic human needs.