Resumo

NUNEZ LUNA, Alejandra. Concepciones teóricas sobre la crisis de los recursos hídricos y su regulación. Isonomía [online]. 2009, n.31, pp.137-176. ISSN 1405-0218.

Water is currently at the center of intense public policy debates. On the one hand, economics supports the introduction of market mechanisms, to which civil society vehemently opposes, in order to circumvent State inefficiencies. On the other hand, sciences have developed concepts like "integrated water resources management" and "water governance" from a holistic perspective that guarantees both access to water by people from all economic levels and environmental protection. Both these positions assume that water is owned by the State, which enables the creation of different bundles of rights over the resource. However, from the legal analysis perspective, we still lack theoretical explanations of property rights and the universe of rules, or bundles, required to implement the various proposals. This paper attempts to contribute at filling this gap, which generates confusions and prevents a constructive debate.

Palavras-chave : Water crisis; water markets; private sector participation; integrated water resources management; governance; river basins; public/private distinction; background rules; public and private goods.