The Universal Periodic Review and the Right to Water: An Analysis of the Effect of the UN Multilateral Diplomacy on State Practice and opinio juris

This thesis examines the Universal Periodic Review (UPR) as a tool of UN multilateral diplomacy, assessing its role in shaping state practice and opinio juris and contributing to the progressive development of customary international law in human rights. As part of the broader UN human rights framework, the UPR fosters peer engagement, norm diffusion, and compliance incentives, bridging soft law diplomacy and international legal transformation. As a peer-driven process, it influences state behavior and the evolution of human rights norms, generating incentives for legal reform and the consolidation of emerging norms within international law. To illustrate this dynamic, the thesis presents a case study on the right to water, an evolving human rights standard. By analyzing regional trends, state compliance patterns, civil society engagement, and emerging opinio juris, this research investigates whether UPR recommendations contribute to the recognition of the right to water as a legally binding norm, helping to define its legal status. UPR recommendations influence national policies and legislative commitments, providing empirical evidence of state practice and the potential evolution of the right to water into customary international law. Finally, as this process remains dynamic and continues to evolve, the study reflects on the UPR’s capacity to reinforce state accountability, enhance international cooperation, and shape the trajectory of human rights governance. Given the ongoing challenges posed by climate change and global water security, further research is needed to assess how states may redefine their legal commitments and strengthen international recognition of the right to water, laying the foundation for its consolidation as a fundamental human right.