Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution

Author : Ndjodi Ndeunyema
Publisher : New Generation Publishing
Page : 292 pages
File Size : 48,9 Mb
Release : 2021-11-05
Category : Political Science
ISBN : 1803691484

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Re-Invigorating Ubuntu Through Water: A Human Right to Water Under the Namibian Constitution by Ndjodi Ndeunyema Pdf

This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Author : Ndjodi Ndeunyema
Publisher : Pretoria University Law Press
Page : 291 pages
File Size : 50,9 Mb
Release : 2021-10-01
Category : Law
ISBN : 8210379456XXX

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Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution by Ndjodi Ndeunyema Pdf

This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Author : Asang Wankhede
Publisher : Taylor & Francis
Page : 162 pages
File Size : 41,7 Mb
Release : 2022-09-30
Category : Law
ISBN : 9781000655223

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Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law by Asang Wankhede Pdf

This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.

Author : Jean-Pierre Gauci,Barrie Sander
Publisher : Taylor & Francis
Page : 425 pages
File Size : 43,7 Mb
Release : 2024-06-26
Category : Law
ISBN : 9781040032831

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Teaching International Law by Jean-Pierre Gauci,Barrie Sander Pdf

The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.

Author : John Scanlon,Angela Cassar,Noémi Nemes
Publisher : IUCN
Page : 68 pages
File Size : 41,8 Mb
Release : 2004
Category : Nature
ISBN : 2831707854

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Water as a Human Right? by John Scanlon,Angela Cassar,Noémi Nemes Pdf

Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors? Is another 'academic debate' on this subject warranted when action is really what is necessary? Without claiming to prescribe the answers, this publication clearly and carefully sets out the competing arguments and the challenges.

Author : Inga Winkler
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 42,8 Mb
Release : 2014-08-14
Category : Law
ISBN : 9781847319630

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The Human Right to Water by Inga Winkler Pdf

The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.

Author : Eibe H. Riedel,Peter Rothen,Deutschland Auswärtiges Amt
Publisher : BWV Verlag
Page : 220 pages
File Size : 49,9 Mb
Release : 2006
Category : Human rights
ISBN : NWU:35556037740800

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The Human Right to Water by Eibe H. Riedel,Peter Rothen,Deutschland Auswärtiges Amt Pdf

... Based on presentations made at the International Conference on the Human Right to Water in Berlin, Germany, 21-22 October 2005.

Author : Salman M. A. Salman,Siobhán Alice McInerney-Lankford
Publisher : World Bank Publications
Page : 200 pages
File Size : 47,7 Mb
Release : 2004
Category : Business & Economics
ISBN : UOM:39015060130427

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The Human Right to Water by Salman M. A. Salman,Siobhán Alice McInerney-Lankford Pdf

Currently, it is reported that more than two billion people are affected by water shortages in over 40 countries, with diseases associated with unsafe drinking water and lack of adequate sanitation among the leading causes of death in developing countries. Predictions forecast that by the year 2050, at least one in four people is likely to live in a country affected by chronic or recurring shortages of fresh water. This publication, written by recognised experts in this field, explores the genesis of the debate on the right to water and the links between development issues, water resources and human rights. It focuses on the importance of General Comment No. 15 (issued by the UN Committee on Economic, Social and Cultural Rights in 2002) which explicitly recognizes a human right to water; and concludes that an incipient right to water is emerging in international law, supported by several soft law instruments, evolving customary international law and an increasing number of domestic law provisions.

Author : Catherine Alum Odora Hoppers
Publisher : New Africa Books
Page : 304 pages
File Size : 55,7 Mb
Release : 2002
Category : Law
ISBN : 1919876588

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Indigenous Knowledge and the Integration of Knowledge Systems by Catherine Alum Odora Hoppers Pdf

This book explores the role of the social and natural sciences in supporting the development of indigenous knowledge systems. It looks at how indigenous knowledge systems can impact on the transformation of knowledge generating institutions such as scientific and higher education institutions on the one hand, and the policy domain on the other.

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 43,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Author : A. Bame Nsamenang,Thérèse Mungah Tchombé
Publisher : HDRC
Page : 596 pages
File Size : 55,6 Mb
Release : 2012
Category : Education
ISBN : 9789956444649

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Handbook of African Educational Theories and Practices by A. Bame Nsamenang,Thérèse Mungah Tchombé Pdf

Author : Charles Villa-Vicencio
Publisher : Univ of California Press
Page : 335 pages
File Size : 46,9 Mb
Release : 2023-09-01
Category : Religion
ISBN : 9780520916265

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The Spirit of Freedom by Charles Villa-Vicencio Pdf

This collection of interviews explores the role of religion in the lives of eminent South Africans who led the struggle against apartheid. Nelson Mandela, Chris Hani, Desmond Tutu, Nadine Gordimer, and seventeen other political, religious, and cultural leaders share the beliefs and values that informed the moral positions they adopted, often at great cost. From all ethnic, religious, and political backgrounds, these men and women have shaped one of the greatest political transformations of the century. What emerges from the interviews are reflections on all aspects of life in an embattled country. There are stories of the homelands and townships, and tales of imprisonment and exile. Dedicated communists relate their intense youthful devotion to Christianity; Muslim activists discuss the complexity of their relationships with their communities. As the respondents grapple with difficult questions about faith, politics, and authority, they expose a more personal picture: of their daily lives, of their pasts, and of the enormous conflicts that arise in a society that continually strains the moral fiber of its citizens. Taken together, these interviews reveal the many-faceted vision that has fueled South Africa's struggle for democracy.

Author : Fudge Judy,Campbell Meghan,Fredman Sandra
Publisher : Unknown
Page : 204 pages
File Size : 52,7 Mb
Release : 2019-01-30
Category : Law
ISBN : 1527225771

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University of Oxford Human Rights Hub Journal by Fudge Judy,Campbell Meghan,Fredman Sandra Pdf

Author : Hein Marais
Publisher : Bloomsbury Publishing
Page : 624 pages
File Size : 45,8 Mb
Release : 2013-07-04
Category : Political Science
ISBN : 9781780320830

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South Africa Pushed to the Limit by Hein Marais Pdf

Since 1994, the democratic government in South Africa has worked hard at improving the lives of the black majority, yet close to half the population lives in poverty, jobs are scarce, and the country is more unequal than ever. For millions, the colour of people's skin still decides their destiny. In his wide-ranging, incisive and provocative analysis, Hein Marais shows that although the legacies of apartheid and colonialism weigh heavy, many of the strategic choices made since the early 1990s have compounded those handicaps. Marais explains why those choices were made, where they went awry, and why South Africa's vaunted formations of the left -- old and new -- have failed to prevent or alter them. From the real reasons behind President Jacob Zuma's rise and the purging of his predecessor, Thabo Mbeki, to a devastating critique of the country's continuing AIDS crisis, its economic path and its approach to the rights and entitlements of citizens, South Africa Pushed to the Limit presents a riveting benchmark analysis of the incomplete journey beyond apartheid.

Author : Josephine Berry Slater,Pauline Van Mourik Broekman,Michael Corris
Publisher : Mute Publishing Ltd
Page : 626 pages
File Size : 50,7 Mb
Release : 2009
Category : Art and society
ISBN : 9781906496289

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Proud to be Flesh by Josephine Berry Slater,Pauline Van Mourik Broekman,Michael Corris Pdf

Dedicated to an analysis of culture and politics after the net, Mute magazine has, since its inception in 1994, consistently challenged the grandiose claims of the digital revolution. This anthology offers an expansive collection of some of Mute's finest articles and is thematically organised around key contemporary issues: Direct Democracy and its Demons; Net Art to Conceptual Art and Back; I, Cyborg - Reinventing the Human; of Commoners and Criminals; Organising Horizontally; Art and/against Business; Under the Net - City and Camp; Class and Immaterial Labour; The Open Work. The result is both an impressive overview and an invaluable sourcebook of contemporary culture in its widest sense