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Since some solutions are unsound, the Rio Conventions explore nature-based solutions to tackle environmental issues. The Convention on Biodiversity (CBD) promotes nature-based approaches, while Egypt has been invited to integrate water into the Conference of the Parties (COP 27) negotiations. However, despite the benefits of water for human and environmental systems highlighted by the scholarship, gaps exist in the knowledge concerning the status of water within the international climate regime. This paper analyses policies, legal resources, and literature on individual rights and global warming to investigate water's current state and potential future roles within the Paris Agreement. This study first reviews the existing scholarship to explore water-related complexities and challenges, the specific gaps and weaknesses in the current international climate change regime that water status might address, and why and how water is an unexploited potential. It then examines the concept of water within the Paris Agreement regime and its value within the Anthropocene. It then explores the potential role of water in achieving the Paris Accord objective. The paper suggests that water could be a grundnorm of the jus cogens type for the global warming regime. In conclusion, water is an unexploited potential under the Paris Agreement. Findings from this study can inform the efforts of the International Law Commission (ILC) to amend the jus cogens principles that underpin international law. [ABSTRACT FROM AUTHOR]

This article uses the traditions of constitutionalism to develop the building blocks of a doctrine of transitional constitutional norms. After arguing that existing doctrines of implicit constitutional unamendability, such as the basic structure and constitutional replacement doctrines, are derivative, the article provides an account of the underlying primary doctrine: transnational constitutional norms. From the perspective of the form of government, constitutional norms are divided into peremptory and voluntary norms. Unearthing an old, but now largely forgotten, tradition of political thought, it defines peremptory norms as norms that derive from or constitute the form of government. These constitutional norms have a complex nature: domestic and transnational. The transnational dimension immunizes the people's choice in favor of the democratic form of government by protecting peremptory norms from deselection, defined as the impermissible alteration or replacement of that form of government through piecemeal derogation from peremptory norms. Only the people as pouvoir constituant , but not their representatives, may chose the form of government and only through a full-scale process of constitution-making. The article uses judicial independence to illustrate the idea of peremptory constitutional norms. The doctrine of transnational constitutional norms helps to resist attempts at undermining judicial independence and to protect the integrity of the democratic form of government against impermissible deselection. [ABSTRACT FROM AUTHOR]