Nor does the matter end there. Today the issue stands out for the cultural resonance it carries, for the right to water is but one facet of a broader and multifaceted juridical taxonomy within which unfold, en abîme, other consubstantial subjective positions, distinct yet bound to water, such as the environment, climate, food, equality and the rights of future generations, to mention only the most evident.10 Thus, from this perspective it is immediately apparent that the (though not always) acknowledged scarcity of water, and its endemic character as an irreplaceable and non-reproducible good, casts a revealing light on the fact that water, light and shadow of food, presents itself today more than ever, in a season of political polycrises and of deepening globalisation, as a terrestrial value as desired as it is contested, to the point that it may plausibly be regarded, in my view, as a true war target of our time.11 There is no doubt that its very systematic legal placement among the new universal rights raises considerable problems with regard to the actual juridical effectiveness of such subjective positions, that is12, with regard to their concrete enforceability for the satisfaction of that id quod interest of which they are, in formal terms, the bearers. The character of universality, however noble in form, in fact raises various substantive problems, if one considers that a substantial lack of effective protection could well be echoed by numerous collateral effects in relation to the subjects or geographical areas left aside.13 And this is not so much because of the immediate impression, as just noted, that such universality might ultimately result in the rooting of a position inutiliter data, nor because of the difficulty of arriving at a definitive resolution of the vexata quaestio concerning the collective or individual nature 10 On the good of water as a constituent element of a broader right to food and, more in general, on its instrumental attitude with respect to a broader protection of human dignity as a fundamental right or as an irreducible right for the full development of the person pursuant to art. 3 paragraph 2, read the shared reflections of B. Vimercati, Convergenze e divergenze tra diritto al cibo e diritto all’acqua. Fondamentalità dei beni e Fondamentalità dei diritti, in L. Violini, B. Randazzo (edited by), Il diritto all’acqua, Milano, 2017. 11 This is all the more possible when one considers that water, like food, suffers continuous predatory insults by the strongest to the detriment of the weakest in terms of erosion of accessibility, availability, acceptability and sustainability. I compare myself here to the correct synoptic classification proposed, proleptically, by J. Ziegler, Dalla parte dei più deboli. Il diritto all’alimentazione, Milano, 2004. 12 The pages of B. Randazzo, L’effettività del diritto all’acqua, in L. Violini, B. Randazzo (edited by), Il diritto all’acqua, cit. 13 On the more distinctly procedural aspects of the issues highlighted see in particular, for a general overview Q. Camerlengo, L’acqua e i suoi giudici, in L. Violini, B. Randazzo (edited by), Il diritto all’acqua, cit. For the more markedly administrative aspects, reference may instead be made to the thoughtful and conclusive work of S. S. Scoca, Il tribunale superiore delle acque quale giudice amministrativo, Napoli, 2021. 432 FRANCESCO GASPARI | LUIGI CAMERIERO
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