Abstract

Historically, two models of access to water have coexisted: a natural resource, common good to be used free of charge, and a private economic good with an exchange value and thus generating a market. These two models, sometimes concomitant, draw their roots in a remote past. To enable social and economic development, they are present today in various national legal systems. Nowadays, under the supervision of legal authorities, water resources are also often described as being the common heritage of a nation with great freedom to use. Such notion of heritage aims at safeguarding the interests of future generations to water by promoting a sustainable development approach. Meanwhile, originating in the law of the sea, the notion of common heritage of mankind had initially triumphed in relation to outer space natural resources before it being challenged in some domestic legal orders that grant exploitation permits for outer space natural resources in a manner similar to the grant for the exploitation of water resources. For many, this is necessary to ensure the future development of humanity beyond the finite resources of our ‘little’ finite planet.

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