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The impact of bottling : access to water and commodification : a comparative legal analysis

Abstract : The purpose of this work is to investigate the impact of the bottling phenomenon on access to water. In fact, bottled water not only influences the way people drink, but it also affects their possibility of access the resource, either economically or physically. The aim of the project is then to understand what role law plays in the production of this phenomenon and in water distribution. Indeed, bottling regulation is characterized by a tension in legal conceptualisation of water as an essential resource or as a commodity. This work relies on a comparative analysis of the legal regimes governing bottled water in Europe. In particular, the research focuses on the comparison of the French, the British, and the Italian regimes. This work intends to point out how bottling produces scarcity and/or inequality in access to water even in this context. The challenge to water access and distribution constituted by bottled water is determined by the structure of property, an institution constructed around land, to govern water exploitation. Indeed, most of European legal systems, despite their differences, constructed a water regulatory regime that is based on the paradigm of property. The reliance on this paradigm brought about the qualificatory tension mentioned above. This tension is susceptible of enabling the bottling phenomenon to produce a de facto reallocation of water prerogatives despite the formal legal regime.
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Submitted on : Tuesday, May 3, 2022 - 10:41:47 AM
Last modification on : Wednesday, May 4, 2022 - 3:43:14 AM

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  • HAL Id : tel-03657537, version 1

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Diego Bonetto. The impact of bottling : access to water and commodification : a comparative legal analysis. Law. Institut d'études politiques de Paris - Sciences Po; Università degli studi (Turin, Italie), 2019. English. ⟨NNT : 2019IEPP0004⟩. ⟨tel-03657537⟩

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