Constitutionalization of Water Law and State Sovereignty

Article I: Constitutionalization is the recognition of a socially significant fact or value in a state's fundamental law. It can be direct or indirect. In the Congo Basin, three states expressly enshrine water law in their constitutions. The other states rely solely on indirect enshrinement. Water law comprises the body of legal rules governing the definition of the status, regime, protection, and access to water, thereby guaranteeing individual rights to legal subjects. Its effectiveness depends on enforcement measures. Article II: The onset of environmental degradation-and water degradation in particular-has led to a new approach to enacting legal rules. In the past, the law took a remedial approach to solving societal problems. Since environmental damage is irreversible, a preventive approach to water pollution is more effective in ensuring water quality. This key principle of environmental law, which emerged from international agreements, is effective only when implemented by states within their jurisdictions.