Download or read book The Right s to Water written by Pierre Thielbörger and published by Springer Science & Business Media. This book was released on 2013-09-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Human Rights to Water and Sanitation written by Léo Heller and published by Cambridge University Press. This book was released on 2022-05-12 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the human rights to safe drinking water and sanitation (HRtWS) uncovers why some groups around the world are still excluded from these rights. Léo Heller, former United Nations Special Rapporteur on the human rights to water and sanitation, draws on his own research in nine countries and reviews the theoretical, legal, and political issues involved. The first part presents the origins of the HRtWS, their legal and normative meanings and the debates surrounding them. Part II discusses the drivers, mainly external to the water and sanitation sector, that shape public policies and explain why individuals and groups are included in or excluded from access to services. In Part III, public policies guided by the realization of HRtWS are addressed. Part IV highlights populations and spheres of living that have been particularly neglected in efforts to promote access to services.
Download or read book The Human Right to Water written by Malcolm Langford and published by Cambridge University Press. This book was released on 2017-10-05 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to engage in a comprehensive examination of the human right to water in theory and in practice.
Download or read book The Right to Water written by Farhana Sultana and published by Routledge. This book was released on 2013-10-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an intervention at a crucial moment into the shape and future direction of struggles for the right to water in a range of political, geographic and socio-economics contexts, seeking to be pro-active in defining what this struggle could mean and how it might be taken forward in a far broader transformative politics. The Right to Water engages with a range of approaches that focus on philosophical, legal and governance perspectives before seeking to apply these more abstract arguments to an array of concrete struggles and case studies. In so doing, the book builds on empirical examples from Africa, Asia, Oceania, Latin America, the Middle East, North America and the European Union.
Download or read book Negotiating Tribal Water Rights written by Bonnie G. Colby and published by University of Arizona Press. This book was released on 2005-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
Download or read book Water as a Human Right written by John Scanlon and published by IUCN. This book was released on 2004 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Human Right to Water written by Inga Winkler and published by Bloomsbury Publishing. This book was released on 2014-08-14 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Human Right to Water written by Eibe H. Riedel and published by BWV Verlag. This book was released on 2006-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... Based on presentations made at the International Conference on the Human Right to Water in Berlin, Germany, 21-22 October 2005.
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Download or read book Out of the Mainstream written by Rutgerd Boelens and published by Earthscan. This book was released on 2010 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.
Download or read book The Law of Waters and Water Rights written by Henry Philip Farnham and published by . This book was released on 1904 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Manual on the Human Rights to Safe Drinking Water and Sanitation for Practitioners written by Robert Bos and published by IWA Publishing. This book was released on 2016-08-15 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Manual highlights the human rights principles and criteria in relation to drinking water and sanitation. It explains the international legal obligations in terms of operational policies and practice that will support the progressive realisation of universal access. The Manual introduces a human rights perspective that will add value to informed decision making in the daily routine of operators, managers and regulators. It also encourages its readership to engage actively in national dialogues where the human rights to safe drinking water and sanitation are translated into national and local policies, laws and regulations. Creating such an enabling environment is, in fact, only the first step in the process towards progressive realisation. Allocation of roles and responsibilities is the next step, in an updated institutional and operational set up that helps apply a human rights lens to the process of reviewing and revising the essential functions of operators, service providers and regulators.
Download or read book Water Politics written by Farhana Sultana and published by Routledge. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume broadens existing discussions on the right to water in order to critically shed light on the pathways, pitfalls, prospects, and constraints that exist in achieving global goals, as well as advance debates around water governance and water justice.
Download or read book The Human Right to Water and its Application in the Occupied Palestinian Territories written by Amanda Cahill Ripley and published by Taylor & Francis. This book was released on 2011-04-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right ‘on the ground’. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.
Download or read book The Human Right to Water written by Jimena Murillo Chávarro and published by Intersentia Uitgevers N V. This book was released on 2015 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Download or read book Water Law written by Robin Kundis Craig and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
