Year: 2026
Type: article
Abstract: As the world shifts toward renewable energy to mitigate the effects of climate change and environmental degradation, it is essential to become increasingly aware of the broader ecological and social implications of this transition. Renewable sources such as solar, wind, and hydropower are typically considered environmentally friendly alternatives to hydrocarbons. However, their development can cause major disturbances in local ecosystems and societies. Energy projects have a disproportionate impact on the customary water use of indigenous and local communities. These communities depend on traditional water systems for their food, culture, and livelihoods. This is especially relevant in matters like roads, transmission lines, and site development during decommissioning. Customary water rights, with strong bonds to traditional usage and historical traditions of the community, often lack formal documentation under the law. This legal vacuum becomes particularly problematic in areas affected by energy projects, where mega-developments proceed without adequate consideration of published or unpublished water rights. The ensuing conflicts reveal the inadequacy of existing legal and policy regimes, which prioritize national energy priorities over concerns for environmental justice and community rights. This article contends that formalizing legal recognition of customary water use is a foundational requirement to achieve a fair and sustainable energy transition. Based on international legal norms and principles of environmental justice, it calls for the adoption of regulatory approaches congenial to community representation and concepts of traditional water rights as part of national and international legal practice. The views of marginalized communities are central in this research, and the article adds to a broader writing on how energy development can take place without violating the rights, cultural practices, and well-being.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7223467776