The Human Right to Water and International Economic Law

The Human Right to Water and International Economic Law

Author: Roberta Greco

Publisher: Routledge

Published: 2022-05-05

Total Pages: 331

ISBN-13: 1000217469

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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.


Water Law

Water Law

Author: Oregon State University. Water Resources Research Institute

Publisher:

Published: 1965

Total Pages: 105

ISBN-13:

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The Right(s) to Water

The Right(s) to Water

Author: Pierre Thielbörger

Publisher: Springer Science & Business Media

Published: 2013-09-30

Total Pages: 250

ISBN-13: 3642339085

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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.​


Water Conflict

Water Conflict

Author: Sharif Elmusa

Publisher:

Published: 1997

Total Pages: 440

ISBN-13:

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A study of the conflict over the natural water resources of geographic Palestine. The author focuses on both the scarcity and commonality of the water resources in order to demonstrate why water has become one of the most contentious issues between Israel and the Palestinians. He discusses how the principles of equitable utilization and joint management of common water resources can be achieved and can enhance the prospects for reducing conflict over water, and may ultimately contribute to overall Israeli-Palestinian cooperation. Includes several maps and charts which detail the area's water resources. Annotation copyrighted by Book News, Inc., Portland, OR.


Out of the Mainstream

Out of the Mainstream

Author: Rutgerd Boelens

Publisher: Earthscan

Published: 2010

Total Pages: 385

ISBN-13: 184977479X

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"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.


The Oxford Handbook of Water Politics and Policy

The Oxford Handbook of Water Politics and Policy

Author: Ken Conca

Publisher: Oxford University Press

Published: 2018

Total Pages: 713

ISBN-13: 0199335087

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This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs.


Against the Current: Privatization, Water Markets, and the State in Chile

Against the Current: Privatization, Water Markets, and the State in Chile

Author: Carl J. Bauer

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 173

ISBN-13: 1461564034

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In 1981 Chile's military government dictated a new Water Code that radically changed the country's previous water rights system by strengthening private property rights, favoring market incentives, and reducing state regulation. Against the Current: Privatization, Water Markets, and the State in Chile is the first empirical and interdisciplinary study of water markets in Chile, which is the leading international example of free market water policies. Against the Current: Privatization, Water Markets, and the State in Chile challenges the glowing reports given by neoliberals in Chile and the World Bank, showing that the results of this economic experiment have actually been rather mixed. Within the agricultural sector the Water Code has worked fairly well, although the market incentives to conserve water have been ineffective and water rights trading has been less active than expected. The Code's impact has been more negative at the level of river basins, where the institutional framework has revealed critical flaws in coordinating multiple water users and resolving conflicts. Against the Current: Privatization, Water Markets, and the State in Chile combines law, political economy, and geography to analyze the disadvantages, problems, and wider contexts of water markets. This book will appeal to everyone interested in property rights, market-friendly environmental policies, the political economy of sustainable development, and the intersection of economics with law and institutions.


The Evolution of the Law and Politics of Water

The Evolution of the Law and Politics of Water

Author: Joseph W. Dellapenna

Publisher: Springer Science & Business Media

Published: 2009-04-21

Total Pages: 414

ISBN-13: 1402098677

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According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.


The Right to Water

The Right to Water

Author: Farhana Sultana

Publisher: Routledge

Published: 2013-10-18

Total Pages: 356

ISBN-13: 1136518630

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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.