Through the Looking Glass of Global Constitutionalism and Global Administrative Law - Different Stories about the Crisis in Global Water Governance

Monika Ambrus 

Erasmus University Rotterdam (EUR) - Erasmus School of Law
July 17, 2013

Erasmus Law Review, Vol. 6, No. 1, 2013 
Abstract:      
In addition to (or sometimes rather than primarily) attributing it to water scarcity, water crisis has been described as a ‘crisis of governance’; with the word ‘crisis’ also indicating that water governance lacks (full) legitimacy. The article undertakes the task to analyse the current status of global water governance (GWG) from the perspective of two competing theories relating to legitimacy of global governance, namely global constitutionalism (GC) and global administrative law (GAL). Having mapped the current legal framework of GWG from these two perspectives, it is discussed how these theories might shape GWG and how this shaping could contribute to solving the water crisis. In addition, it is also explored whether reading one of the most accepted proposals for legitimising global water governance, the concept of ‘integrated water resources management’ (IWRM), through the lenses of either GC or GAL would have an impact on how this concept is interpreted, and whether it can be a useful mechanism to address the water crisis. The use of two theories analysing the same subject matter provides interesting insights into global water governance and the nature of the water crisis as well as the relationship between these two theories.

Number of Pages in PDF File: 18

Keywords: global water governance, global constitionalism, global administrative law, water crisis, integrated water resources management

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2294999