Indigenous people's right to water under international law: a legal pluralism perspective

• International water rules for IPs are being progressively developed (Type 4).
• These rules are inconsistent, mostly competitive (Type 2).
• The responsibility to consult and get prior and informed consent is becoming important (Type 3).
• States engage in rule shopping to avoid consistent commitments.

There are many sources of law, including international law, which support claims to water rights. This article looks at the different sources within international law and analyses the possibilities they have for substantiating the traditional rights of indigenous people to water and how states deal with these sources. It analyses the evolving laws and related scientific literature. It uses the legal pluralism perspective of Bavinck and Gupta to analyze the rules applicable to these communities. It concludes that the adoption of varying degrees of rights and the different legal access and enforcement procedures disempowers these communities and pollutes their resources, and calls for coherence in the application of these rules.