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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 : Malcolm Langford,Anna F. S. Russell Publisher : Cambridge University Press Page : 737 pages File Size : 55,6 Mb Release : 2017-10-05 Category : Law ISBN : 9781107010703
Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution “The human right to water and sanitation”. To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book’s answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights – including the right to water – as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.
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.
The Human Right to Water and International Economic Law by Roberta Greco Pdf
This book discusses the international right to water and the liberalization of water services. It is concerned with the harmonization of the right to water with the legal systems under which liberalization of water services has taken or may take place. It assesses paths of harmonization between international human rights law and international economic law in this specific field. The issue of the compatibility between the fulfilment of the right to water and the liberalization of water services has been at the heart of a passionate public debate between opponents and advocates of the privatization of the utility. The book provides an unbiased analysis of different international legal regimes under which the liberalization of water services has occurred or is likely to occur, notably international investment law, international trade law and European Union law, in order to assess whether the main features of the right to water can be guaranteed under each of these systems of law and whether there is space for prospective harmonization. The work will be an invaluable resource for academics, researchers and policy-makers working in the areas of International Human Rights Law, International Economic Law, International Water Law, International Trade Law and EU Law.
The Right to Water by Lindsay Knight,World Health Organization Pdf
Of the world's 6 billion people, 1.1 billion lack access to safe drinking water. The aim of this booklet is to highlight and promote the right to water as a fundamental human right. It looks at who is affected, the responsibility of governments and the implications for other stakeholders
The Human Right to Water by Jimena Murillo Chávarro Pdf
This book summarizes the history of the human right to water, and it examines the main content and the obligations that derive from this human right. The main purpose of the recognition of the human right to water is to guarantee that everyone has access to sufficient, safe, and affordable drinking water to satisfy personal and domestic uses. The book discusses whether the human right to water is recognized as a derivative right or as an independent right at three levels - the universal, regional, and domestic levels - where human rights are recognized and enforced. At the domestic level a case study approach has been used with focus on Argentina, Bolivia, Chile, and Colombia. Freshwater resources are not static; they are constantly flowing and crossing international boundaries. This situation and the relative scarcity of water resources have a direct impact on a state's capacity to realize the human right to water. The human right to water is examined in a transboundary water context, where the use and management of an international watercourse in one riparian state can directly or indirectly affect the human right to water in another riparian state. For this reason, the book analyzes whether the core principles of international water law can be used to contribute to the realization of the extraterritorial application of the right to water. [Subject: Human Rights Law, International Law, Water Law, Comparative Law]
Salman M. A. Salman,Siobhán Alice McInerney-Lankford
Author : Salman M. A. Salman,Siobhán Alice McInerney-Lankford Publisher : World Bank Publications Page : 200 pages File Size : 52,6 Mb Release : 2004 Category : Business & Economics ISBN : UOM:39015060130427
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.
Water as a Human Right for the Middle East and North Africa by Asit K. Biswas,Eglal Rached,Cecilia Tortajada Pdf
This book systematically and comprehensively analyzes the legal development of the concept of water as a human right; its implications for the national governments, as well as the impact of the implementation of this concept for international and national organizations.
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.
The Human Right to Water in Latin America by Anna Berti Suman Pdf
In The Human Right to Water in Latin America, Anna Berti Suman investigates the development of the right to water and of water law in the Latin American context, illustrating the Latin American contribution in stimulating the social, political, and economic debate on the right to water, regionally and worldwide.
“Maude Barlow is one of our planet’s greatest water defenders.” — Naomi Klein, bestselling author of This Changes Everything and The Shock Doctrine The Blue Communities Project is dedicated to three primary things: that access to clean, drinkable water is a basic human right; that municipal and community water will be held in public hands; and that single-use plastic water bottles will not be available in public spaces. With its simple, straightforward approach, the movement has been growing around the world for a decade. Today, Paris, Berlin, Bern, and Montreal are just a few of the cities that have made themselves Blue Communities. In Whose Water Is It, Anyway?, renowned water justice activist Maude Barlow recounts her own education in water issues as she and her fellow grassroots water warriors woke up to the immense pressures facing water in a warming world. Concluding with a step-by-step guide to making your own community blue, Maude Barlow’s latest book is a heartening example of how ordinary people can effect enormous change.