the right s to water the multi level governance of a unique human right

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The Right S To Water

Author : Pierre Thielbörger
ISBN : 9783642339080
Genre : Law
File Size : 36. 7 MB
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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.​

Natural Resources And Human Rights

Author : Jérémie Gilbert
ISBN : 9780198795667
Genre : Law
File Size : 85. 75 MB
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The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.

Linking Global Trade And Human Rights

Author : Daniel Drache
ISBN : 9781139916950
Genre : Law
File Size : 85. 62 MB
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During the global economic crisis of 2008, countries around the world used national policy spaces to respond to the crisis in ways that shed new light on the possibilities for linkages between international trade and human rights. This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance. It brings together a wide-ranging group of leading experts in international law, trade, human rights, political economy, international relations, and public policy who have been asked to reflect on this important development in globalization. Their multidisciplinary contributions provide explanations for the changing global landscape for national policy space, clearly illustrate instances of this change, and project the future paths for policy development in social and economic policy spaces, especially with reference to linkages between international trade and human rights in countries from the Global North as well as Brazil, China, and India.

The Regulation Of The Global Water Services Market

Author : Julien Chaisse
ISBN : 9781107162860
Genre : Law
File Size : 33. 83 MB
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The book aims to analyse the development of the right to water from the perspective of human rights law, and to explore how this right may be used as a safeguard as well as the reaction to the problems caused by the liberalisation of water services.

Government And The Environment

Author : Laura Castellucci
ISBN : 9781136210846
Genre : Business & Economics
File Size : 45. 80 MB
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In the today’s global "commercial society" an inquiry into the economic role of government is gaining momentum. Many crucial goods for the wellbeing of a society are not "commercial", national security and clean air are great examples. This means that the economic role of government is not limited to cure the so called "market failures" but it has to provide for non-commercial goods. Unfortunately in the last few decades the decline of the political-economic culture of western post-industrial societies has left scope for people to blindly believe in a free, deregulated market. This book brings the culture of the state in from the cold, by confronting readers at the start with the necessity of recognizing the fundamental difference between private commercial interests, whose provision rests on the culture of profit, and public shared interests, whose provision rests on the culture of the state. This book also explores how much individual wellbeing does depend on both. The only chance for public shared interests, with their non-profit nature, to successfully keep their ground in the face of the overwhelming power of private commercial/financial interests, lies in regenerating a political-economic state culture whereby governments and policy makers/politicians understand their responsibility and social function to consist primarily in pursuing the satisfaction of the formers and not in acting on behalf of the latter.

International Law For A Water Scarce World

Author : Edith Brown Weiss
ISBN : 9004250409
Genre : Law
File Size : 67. 28 MB
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The fresh water crisis is the new environmental crisis of the 21st century. By 2050, 993 million people are projected to live in cities with perennial water shortages; 3.1 billion will confront seasonal water shortages within their urban areas. The traditional legal principles upon which existing water management is based are likely to be insufficient to deal with the water problems that loom from projected climate change, population growth, food production, increased industrialization, and ecosystem needs.

Water As A Human Right For The Middle East And North Africa

Author : Asit K. Biswas
ISBN : 9780415461351
Genre : Social Science
File Size : 75. 78 MB
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Access to safe drinking water and proper sanitation is essential for human survival and for maintenance of a decent quality of life. Currently, more than a billion people do not have access to safe drinking water and more than two billion people lack proper sanitation. In 1992, the United Nations proclaimed that water should be considered to be a human right. This position, however, has not been accepted by many developed and developing countries. This book systematically and comprehensively analyzes the legal development of the concept of water as a human right; implications for the national governments, and international and national organizations for the implementation of this concept; progress made in different Middle East and North African countries to provide every individual access to clean water and sanitation, constraints faced to assure universal access to water-related services and how these constraints can be overcome, and an overall research agenda in areas where more knowledge is necessary.

Fresh Water In International Law

Author : Laurence Boisson de Chazournes
ISBN : 9780191653018
Genre : Law
File Size : 63. 50 MB
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This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The international law of fresh water is most comprehensively understood in the light of the different bodies of norms applicable to these varied uses and functions. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses. Yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. The book investigates the origin and scope of these bodies of norms as they apply to fresh water, and demonstrates how they connect and adapt to one another, forming an integrated body of international principles. This approach is accompanied by a detailed analysis of the practice of states and of international organizations, taking into account the activities of the many non-state actors involved in the treatment of fresh water.

Grassroots Global Governance

Author : Assistant Professor of Political Science Craig M Kauffman
ISBN : 9780190625733
Genre :
File Size : 78. 64 MB
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When international agreements fail to solve global problems like climate change, transnational networks attempt to address them by implementing "global ideas" -- policies and best practices negotiated at the global level-locally around the world. Grassroots Global Governance not only explains why some efforts succeed and others fail, but also why the process of implementing global ideas locally causes these ideas to evolve. Drawing on nodal governance theory, the book shows how transnational actors' success in putting global ideas into practice depends on the framing and network capacity-building strategies they use to activate networks of grassroots actors influential in local social and policy arenas. Grassroots actors neither accept nor reject global ideas as presented by outsiders. Instead, they negotiate whether and how to adapt them to fit local conditions. This contestation produces experimentation, and results in unique institutional applications of global ideas infused with local norms and practices. Grassroots actors ultimately guide this process due to their unique ability to provide the pressure needed to push the process forward. Experiments that endure are perceived as "successful," empowering those actors involved to activate transnational networks to scale up and diffuse innovative local governance models globally. These models carry local norms and practices to the international level where they challenge existing global approaches and stimulate new global governance institutions. By guiding the way global ideas evolve through local experimentation, grassroots actors reshape international actors' thinking, discourse, organizing, and the strategies they pursue globally. This makes them grassroots global governors. To demonstrate this, the book compares transnational efforts to implement local Integrated Watershed Management programs across Ecuador and shows how local experiments altered the global debate regarding sustainable development and stimulated a new global movement dedicated to changing the way sustainable development is practiced. In doing so, the book reveals the grassroots level as not merely the object of global governance, but rather a terrain where global governance is constructed.

Privatizing Water

Author : Karen Bakker
ISBN : 9780801467004
Genre : Political Science
File Size : 35. 34 MB
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Water supply privatization was emblematic of the neoliberal turn in development policy in the 1990s. Proponents argued that the private sector could provide better services at lower costs than governments; opponents questioned the risks involved in delegating control over a life-sustaining resource to for-profit companies. Private-sector activity was most concentrated-and contested-in large cities in developing countries, where the widespread lack of access to networked water supplies was characterized as a global crisis. In Privatizing Water, Karen Bakker focuses on three questions: Why did privatization emerge as a preferred alternative for managing urban water supply? Can privatization fulfill its proponents' expectations, particularly with respect to water supply to the urban poor? And, given the apparent shortcomings of both privatization and conventional approaches to government provision, what are the alternatives? In answering these questions, Bakker engages with broader debates over the role of the private sector in development, the role of urban communities in the provision of "public" services, and the governance of public goods. She introduces the concept of "governance failure" as a means of exploring the limitations facing both private companies and governments. Critically examining a range of issues-including the transnational struggle over the human right to water, the "commons" as a water-supply-management strategy, and the environmental dimensions of water privatization-Privatizing Water is a balanced exploration of a critical issue that affects billions of people around the world.

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