AI, Data Centres, And Freshwater Scarcity: The Role Of International Environmental Law In Protecting The Human Right To Water
- IJLLR Journal
- Aug 17
- 2 min read
Anmol Mahajan & Qifah Nazki, BBA LLB (Hons.) Model Institute of Engineering and Technology, Jammu, India
ABSTRACT
Artificial intelligence and its rapid advancement have resulted in the unprecedented expansion of data centres worldwide, serving the world while posing environmental challenges beyond conventional concerns of carbon emissions and energy consumption. Amongst these existing challenges, the freshwater requirement for data centre cooling systems is quite intensive, and surprisingly, it has received limited attention at the international level. In this research, we have examined the intersection of AI infrastructure, freshwater scarcity, and the human right to water, where we have analysed whether ecological impacts associated with digital technologies can be addressed or catered to by the existing frameworks of international environmental law. It is a known fact that the water footprints of AI-driven data centres are growing at an alarming pace, so this research is carried out critically to understand and evaluate the applicability of principles that serve as the fundamentals of environmental law, which include the no-harm principle, sustainable development, the precautionary principle, the polluter-pays principle, and common but differentiated responsibilities. Here we have explored the relationship between environmental protection obligations and international human rights law, specifically narrowing our focus on the aspect of its impact on fundamental human rights and whether access to safe and sufficient water will be recognised as one. The paper highlights, through doctrine analysis of various international environmental regimes, transboundary water management regimes, and business and human rights regimes, that there are serious regulatory gaps regarding the governance of private technological actors whose activities create considerable freshwater requirements. From the analysis of the literature review presented, it is possible to argue that nowadays international law is fragmented and state- centric and thus creates obstacles with respect to the accountability, transparency, and enforcement of the environmental impacts of the AI- related infrastructure. There is no set of obligatory regulations in the field of international environmental law related to the duty of technology firms to report water usage, to conduct environmental due diligence and to sustainably manage their operations. At the same time, the problem becomes even more acute when the issue of water-stressed regions arises, as the industrial usage of water by data centres might collide with the interests of nature and people. The focus of the paper is on the issues of environmental justice in relation to the freshwater consumption by the infrastructure connected to the AI technology and the need for an integrated approach to its governance involving the combination of technological innovation and sustainability, as well as human rights protection. In terms of the suggested recommendations, it is necessary to develop a set of international standards, which are rights-based, including corporate water disclosure, human rights- based environmental assessment, sustainability and regulation of the digital infrastructure to avoid intensive resource consumption and water scarcity.
Keywords: Artificial Intelligence; Data Centres; Freshwater Scarcity; International Environmental Law; Human Right to Water; Sustainable Development; Environmental Justice; Environmental Responsibility; Water Governance; Business and Human Rights.
