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Journal articles on the topic 'Water rights'

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Published: 4 June 2021

Last updated: 29 July 2024

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1

Ambrus, Mónika. "Water Rights: Fragmented Rights?" International Community Law Review 17, no. 1 (February 4, 2015): 37–67. http://dx.doi.org/10.1163/18719732-12341294.

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Historically, global water law has developed in fragments. The fragmented nature of water law mainly originates from the fact that water can be seen as an economic, ecological and social unit (horizontal fragmentation). Within the clusters that these units constitute, water law is also seen as fragmented, given that a particular cluster is composed of different levels (vertical fragmentation). This article will scrutinise the social justice cluster, or the right to water, and examine whether and to what extent vertical fragmentation in water law leads to divergent approaches among the different levels, while placing the discussion within the general context of fragmentation in international law. For that purpose the elaboration of the human right to water by the Committee on Economic, Social and Cultural Rights, functioning at the international level, will be compared with the practice of the European Court of Human Rights (ECTHR), a regional court.

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2

Perry, Chris, and Geoff Kite. "Water Rights." Water International 24, no. 4 (December 1999): 341–47. http://dx.doi.org/10.1080/02508069908692186.

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3

Kim, Tae Jin. "Water Rights Related to Water Supplies and Uses." Journal of the Korean Society of Hazard Mitigation 21, no. 4 (August 31, 2021): 211–15. http://dx.doi.org/10.9798/kosham.2021.21.4.211.

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As human development and urbanization progress, concepts of water rights for water use have been applied to water consumption for managing human life. The water cycle can be divided into natural and artificial water cycles, whereas water rights can be divided into water supply and water use rights for humans and nature. In this paper, the relationships between the river act, dam construction act, sanitary act, sewerage act, forest resource act, and other acts and water rights corresponding to water-right categories and government ministries are summarized and organized. In addition, the legal inclusive scope and redefinition of water rights are proposed. The results of this study can be applied to river and reservoir engineering models based on water rights in residential areas.

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4

Wu, Xiao Yuan, Qing Hua Pang, and Yuer Chen. "The Index System Construction of Basin Initial Water Rights Allocation by Integrating Water Quantity and Water Quality." Advanced Materials Research 926-930 (May 2014): 4385–89. http://dx.doi.org/10.4028/www.scientific.net/amr.926-930.4385.

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As reflection of property rights in the field of water resources, water rights is the right to use water resources in a certain period of time based on water quantity and water quality. Aimed at solving the issue of basin initial water right allocation in China, on the basis of the pre-research of index system of basin initial water rights allocation system, as well as the complexity and differences of the allocation system, the index system of basin initial water rights allocation system in this paper is comprehensively designed, and the index framework divided into three layers of target, criteria and index angles is established.

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5

Thielbörger, Pierre. "Happy Birthday: The Human Right to Water at 20." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 365–74. http://dx.doi.org/10.1163/24686042-12340092.

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Abstract The article reflects on 20 years of the human right to water since its recognition in the groundbreaking General Comment No. 15 of the Committee on Economic, Social and Cultural Rights. It traces the right’s late and only indirect legal recognition in human rights law, and portrays its normative content along the lines of water availability, quality and accessibility. As two important trends, the paper points to the growing link between water security and the human right to water as a consequence of climate change, as well as to the responsibility of corporations for the human right to water. It concludes that, while the two last decades were focused on the recognition of the right, the coming decades should concentrate on the right’s realization which is lagging behind, for instance in the field of groundwater protection.

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6

Shiva, Vandana. "Women's water rights." Waterlines 17, no. 1 (July 1998): 9–11. http://dx.doi.org/10.3362/0262-8104.1998.030.

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7

Salma, Marija. "Riparian water rights." Zbornik radova Pravnog fakulteta, Novi Sad 49, no. 4 (2015): 1571–82. http://dx.doi.org/10.5937/zrpfns49-9556.

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8

CAMPBELL, D. R. "SURFACE WATER RIGHTS*." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 3, no. 2 (November 13, 2008): 61–66. http://dx.doi.org/10.1111/j.1744-7976.1955.tb01282.x.

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9

Ansink, Erik, and Hans-Peter Weikard. "Contested water rights." European Journal of Political Economy 25, no. 2 (June 2009): 247–60. http://dx.doi.org/10.1016/j.ejpoleco.2008.09.007.

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10

Yuanyuan, SUN. "Basis of water rights empowerment and classification of water rights." 资源科学 38, no. 10 (2016): 41–45. http://dx.doi.org/10.18402/resci.2016.10.07.

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11

Masiangoako, Thato, Kelebogile Khunou, and Alana Potter. "Fighting for water in South Africa: public participation, water rights claiming and strengthening governance." H2Open Journal 5, no. 1 (February 24, 2022): 98–114. http://dx.doi.org/10.2166/h2oj.2022.023.

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Abstract Communities in South Africa employ a diverse range of strategies to actively claim their right to water. This paper examines two rights claiming strategies – protest and litigation – through the lens of two case studies. The first case study examines the struggles of the residents of Makhanda, a small town in the predominantly rural Eastern Cape Province, who formed a coalition to advocate for the dissolution of the municipal council for failing to fulfil its constitutional mandate to provide basic services. The second case examines the struggles of the residents of Marikana, an informal settlement in the City of Cape Town, where residents are forced to live in unlit, unhygienic and undignified conditions as a result of inadequate services provision. Although access to water is a justiciable right in South Africa, there is a curious paucity of legal rights mobilisation, with only one court case reaching the Constitutional Court. The article presents the following findings. First, communities employ different methods to claim their water rights, including engagement with government through formal channels, mobilisation, protest, litigation and self-supply. Water is a justiciable human right. Second, litigation is a valuable component of rights-claiming but is most effective if used alongside other strategies like community organisation and protest. Third, water rights can be achieved alongside struggles to secure other rights, like the right to housing, or holding local government accountable. In the two case studies, the legal tools of land expropriation and provincial intervention were employed to indirectly gain access to water services. Finally, community mobilisation, combined with strategic partnerships, plays a critical role in sustaining long-term efforts to claim water rights.

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12

Meier, Benjamin Mason, Georgia Lyn Kayser, Urooj Quezon Amjad, and Jamie Bartram. "Implementing an evolving human right through water and sanitation policy." Water Policy 15, no. 1 (September 27, 2012): 116–33. http://dx.doi.org/10.2166/wp.2012.198.

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With water and sanitation vital to the public's health, there have been growing calls to accept water and sanitation as a human right and establish a rights-based framework for water policy. Through the development of international law, policymakers have increasingly specified water and sanitation as independent human rights. In this political development of human rights for water and sanitation, the authors find that the evolution of rights-based water and sanitation policy reached a milestone in the United Nations (UN) General Assembly's 2010 Resolution on the Human Right to Water and Sanitation. By memorializing international political recognition of these interconnected rights and the corresponding obligations of national governments, states provided a normative framework for expanded efforts to realize human rights through water and sanitation policy. Examining the opportunities created by this UN Resolution, this article analyzes the implementation of the human right to water and sanitation through global water governance, national water policy and water and sanitation outcomes. While obstacles remain in the implementation of this right, the authors conclude that the UN Resolution could have lasting benefits for public health.

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13

Baer, Madeline. "From Water Wars to Water Rights: Implementing the Human Right to Water in Bolivia." Journal of Human Rights 14, no. 3 (January 6, 2015): 353–76. http://dx.doi.org/10.1080/14754835.2014.988782.

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14

KLAWITTER, SIMONE. "Water as a Human Right: The Understanding of Water Rights in Palestine." International Journal of Water Resources Development 23, no. 2 (June 2007): 303–27. http://dx.doi.org/10.1080/07900620601181697.

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15

Murillo Chávarro, Jimena. "The Right to Water in the Case-Law of the Inter-American Court of Human Rights." Anuario Colombiano de Derecho Internacional - ACDI 7, no. 1 (April 25, 2014): 39–68. http://dx.doi.org/10.12804/acdi7.2014.02.

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16

Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.

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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.

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17

이충한. "Water, Human Rights, Democracy." Environmental Philosophy ll, no. 19 (June 2015): 119–39. http://dx.doi.org/10.35146/jecoph.2015..19.005.

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18

Carter, Nancy Carol. "American Indian Water Rights." Legal Reference Services Quarterly 27, no. 1 (March 2008): 1–48. http://dx.doi.org/10.1300/02703190802128442.

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19

Das, Subhajyoti. "MNC’s appropriate water rights." Journal of the Geological Society of India 73, no. 6 (June 2009): 874. http://dx.doi.org/10.1007/s12594-009-0070-4.

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20

Wurbs, Ralph A. "Water Rights in Texas." Journal of Water Resources Planning and Management 121, no. 6 (November 1995): 447–54. http://dx.doi.org/10.1061/(asce)0733-9496(1995)121:6(447).

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21

Lampe, Les, Glen H. Fiedler, Gary R. Clark, Duane Georgeson, and John D. Leshy. "Solving Water Rights Conflicts." Journal - American Water Works Association 83, no. 3 (March 1991): 36–43. http://dx.doi.org/10.1002/j.1551-8833.1991.tb07112.x.

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22

Collins, Richard B. "Indian Reservation Water Rights." Journal - American Water Works Association 78, no. 10 (October 1986): 48–54. http://dx.doi.org/10.1002/j.1551-8833.1986.tb05830.x.

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23

Alsaadi, Saad Abbas Kadhim, Rasyikah Md Khalid, and Wan Siti Adibah Wan Dahalan. "REVISITING THE HUMAN RIGHT TO WATER IN CONTEMPORARY INTERNATIONAL LAW." UUM Journal of Legal Studies 11 (January 31, 2020): 37–49. http://dx.doi.org/10.32890/uumjls.11.1.2020.6860.

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The right to water has passed through many steps until it has received a full legal adoption in the international human rights law and international water law. However, there are many parties which feel that the right to water should not stand on its own as it complicates the present legal framework for international human rights. This paper examined, based on qualitative research approach, several impediments in legislating water as a human right within the purview of relevant international human rights conventions, taking into account the United Nations (UN) Agenda 2030 for Sustainable Development Goals No. 3: Good Health and Well-being and Goal No. 6: Clean Water and Sanitation. The study indicates that human rights notions have been gaining influential rule in international water law, notably human right to water, which has been recognized by the UN General Assembly and the Human Rights Council (HRC). This study however concludes that despite efforts to deny the legal basis of the right to water as one of the soft law, this right remains as a basic human right and should be respected by all countries.

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24

Gaughran, Audrey. "Business and Human Rights and the Right to Water." Proceedings of the ASIL Annual Meeting 106 (2012): 52–55. http://dx.doi.org/10.5305/procannmeetasil.106.0052.

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25

Wulandari, Andi Sri Rezky, and Andi Rahmah. "Formulation of Water Rights Policies as Basic Rights." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 8, no. 1 (June 26, 2021): 1–17. http://dx.doi.org/10.24252/al-qadau.v8i1.21122.

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This study aims to analyze the formulation of water rights policies as basic rights. The research method is normative legal research research with legislation and conceptual approaches through the Library Research. The results of this study are in regulating the water resources sector in Indonesia, readiness is needed from all aspects in order to support the need for clean water as the most vital requirement. The legal settings are not only formalistic but also objective. The national policy formulation of water rights starts from ratifying The International Convention on Economic, Social and Cultural Rights (Ekosob) in 2005 through the Republic Indonesia Law Number 11 of 2005 concerning Ratification of International Covenant on Economic, Social and Cultural Rights. The birth of the Republic of Indonesia Law number 11 of 1974, followed by the Indonesian Law Number 7 of 2004 and the Republic of Indonesia Law Number 17 of 2019 had given birth to a shift in water meaning from each law. Likewise with the implementing regulations, namely Government Regulation Number 22 of 1982, Government Regulation Number 42 of 2008, Government Regulation Number 16 of 2005. At the level of the Ministerial, born ESDM Ministerial Regulation Number 31 of 2018, PUPR Ministerial Regulation Number 15 of 2018, PU Ministerial Regulation Number 2 of 2017. At the Regional Government Regulations level, such as Makassar City Government Regulations Number 6 of 2016. At The Village Government Regulation such as in South Sumatera, Born Karang Agung Village Government Regulation Number 7 of 2018.

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26

Kasim, Helmi. "Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air." Jurnal Konstitusi 12, no. 2 (May 20, 2016): 353. http://dx.doi.org/10.31078/jk1228.

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This writing analyses access to water not merely as a right but as human rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.

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27

Uddin, Sayed Mohammad Nazim, Vicky Walters, J. C. Gaillard, Sanjida Marium Hridi, and Alice McSherry. "Water, sanitation and hygiene for homeless people." Journal of Water and Health 14, no. 1 (July 7, 2015): 47–51. http://dx.doi.org/10.2166/wh.2015.248.

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This short communication provides insights into water, sanitation and hygiene (WASH) for homeless people through a scoping study conducted in Dhaka, Bangladesh. It investigates homeless access to WASH through the lens of a rights-based approach. It demonstrates that homeless people's denial of their right to WASH reflects their marginal position in society and an unequal distribution of power and opportunities. The study ultimately suggests a rights-based approach to work toward dealing with the root causes of discrimination and marginalisation rather than just the symptoms. For the homeless, who not only lack substantive rights, but also the means through which to claim their rights, an integrated rights-based approach to WASH offers the possibility for social inclusion and significant improvements in their life conditions. Given the unique deprivation of homelessness it is argued that in addressing the lack of access to adequate WASH for homeless people the immediate goal should be the fulfilment and protection of the right to adequate shelter.

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Fransiska, Asmin. "Right to health on access to clean water in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 6 (September 12, 2022): 519–27. http://dx.doi.org/10.20525/ijrbs.v11i6.1973.

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This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to clean water does not explicitly write as a single definition, the core instruments of international human rights law oblige the government to protect, fulfill and promote the water right. In Indonesia, a water right is programmatic and regulated in economic models, but not from a right-based and public interest perspective. The right to health regarding the access, availability, and quality of water in Indonesia is not yet fulfilled under Indonesian human rights’ obligation as a member of the International Covenant on Economic, Social, and Cultural Rights.

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29

Viaene, Lieselotte. "Indigenous Water Ontologies, Hydro-Development and the Human/More-Than-Human Right to Water: A Call for Critical Engagement with Plurilegal Water Realities." Water 13, no. 12 (June 14, 2021): 1660. http://dx.doi.org/10.3390/w13121660.

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Water conflicts across the world are bringing to the fore fundamental challenges to the anthropocentric boundaries of the human rights paradigm. Engaging with the multi-layered legal ethnographic setting of the Xalalá dam project in Maya Q’eqchi’ territory in Guatemala, I will critically and empirically unpack not only the anthropocentric boundaries of the hegemonic human rights paradigm, but also the ontological differences between indigenous and Euro-Western legal conceptualizations of human-water-life. I argue that it is necessary to pave the way for urgent rethinking of the human right to water and, more broadly, human rights beyond the modern divide of nature-culture. International law and human rights scholars should therefore not be afraid of plurilegal water realities and should start engaging with these ontologically different concepts and practices. Embarking on a bottom-up co-theorizing about human and beyond-the-human water rights will be imperative to avoid recolonization of indigenous knowledges-ontologies by non-indigenous scholarships and public policy.

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30

Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.

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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

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31

Schiel, Rebecca, Malcolm Langford, and Bruce M. Wilson. "Does it Matter: Constitutionalisation, Democratic Governance, and the Human Right to Water." Water 12, no. 2 (January 26, 2020): 350. http://dx.doi.org/10.3390/w12020350.

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States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the realisation of the right? While several qualitative studies report positive impacts, initial quantitative assessments have questioned the systematic positive impact of the national recognition of the human right to water. Yet, such quantitative analyses of the effects of constitutional rights to water often overlook important mediating policy factors. We test specifically whether strong democratic governance is a significant condition for ensuring that the constitutional recognition of the human right to water has concrete outcomes. Results of a multivariate regression analysis on a global sample of 123 states over a 15-year period provide two findings. First, the constitutionalisation of the right to water and other economic, social, and cultural rights (ESCRs), in national constitutions alone is not associated with material benefits related to the human right to water. Second, the constitutionalisation of those rights can have positive material benefits for water access when the rights are foregrounded in democratic governance.

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32

Hall, Ralph P., Barbara Van Koppen, and Emily Van Houweling. "The Human Right to Water: The Importance of Domestic and Productive Water Rights." Science and Engineering Ethics 20, no. 4 (December 12, 2013): 849–68. http://dx.doi.org/10.1007/s11948-013-9499-3.

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33

Chun, Kyoung-Un. "Type of Water Rights and Reconsideration of Dscussion on Integration of Water Rights." Kyung Hee Law Journal 55, no. 3 (September 30, 2020): 183–227. http://dx.doi.org/10.15539/khlj.55.3.6.

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34

Li, Tienan, Xueting Zeng, Cong Chen, Xiangmin Kong, Junlong Zhang, Ying Zhu, Fan Zhang, and He Dong. "Scenario Analysis of Initial Water-Rights Allocation to Improve Regional Water Productivities." Water 11, no. 6 (June 25, 2019): 1312. http://dx.doi.org/10.3390/w11061312.

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In this study, an initial water-rights allocation (IWRA) model is proposed for adjusting the traditional initial water-rights empowerment model based on previous water intake permits, with the aim of improving the productivity of water resources under population growth and economic development. A stochastic scenario with Laplace criterion mixed fuzzy programming (SSLF) is developed into an IWRA model to deal with multiple uncertainties and complexities, which includes dynamic water demand, changing water policy, adjusted tradable water rights, the precise risk attitude of policymakers, development of the economy, and their interactions. SSLF not only deals with fuzziness in probability distributions with high satisfaction degrees, but also reflects the risk attitudes of policymakers with the Laplace criterion, which can handle the probability of scenario occurrence under the supposition of no data available. The developed IWRA model with the SSLF method is applied to a practical case in an alpine region of China. The results of adjusted initial water rights, optimal water-right allocation, changed industrial structure, and system benefits under various scenarios associated with risk attitudes and water productivity improvement were obtained and analyzed. It was found that the current initial water-rights allocation scheme based on previous intake water permits is not efficient, and this can be modified by the IWRA model. Based on the strategies of drinking safety and ecological security, the main tradeoff between agricultural and industrial water rights can facilitate optimization of the current initial water-rights allocation. This can assist policymakers in producing an effective plan to promote water productivity and water resource management in a robust and reliable manner.

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35

Tak, Ziad. "Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme." European Scientific Journal, ESJ 13, no. 14 (May 31, 2017): 96. http://dx.doi.org/10.19044/esj.2017.v13n14p96.

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The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actually implemented it at the national level. The objective of this study is to show the importance of the implementation of the right to drinking water, so that it can be made available to all. Since the most widely traded studies on human rights were dominated by political and judicial character, I tried in this study to broaden the meaning of human rights and to provide more Rights. This is despite the fact that it has not been compensated by specific legal texts. As a result, the problem of the study is focused on water as a fundamental need of human, and access to water is part of its fundamental rights.

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36

Krakow, Carly A. "The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict." Water 12, no. 2 (January 24, 2020): 340. http://dx.doi.org/10.3390/w12020340.

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This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.

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37

Notini Moreira Bahia, Amael, and Lucas Carlos Lima. "The Environmental Perspective of the Right to Water in the Case Law of the Inter-American Court of Human Rights." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 170–85. http://dx.doi.org/10.1163/24686042-12340083.

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Abstract This article aims at understanding the environmental perspective of the human right to water in the case law of the Inter-American Court of Human Rights (IACtHR). The paper firstly introduces the human right to water in general international law. Secondly, it examines the constructions implemented in the jurisprudence of the IACtHR. Thereafter, it goes on to discuss the Advisory Opinion n 23/17 innovations regarding human rights water in environmental perspective. Finally, the repercussion of this decision is presented in the context of the recent jurisprudence of the IACtHR, which recognizes the interconnection of the promotion of the human right to water and the protection of water resources. The article argues that, despite the jurisdictional challenges to the human right to water in the IACtHR, the integration of the protection of the environment and the human right to water provides a new normative perspective in domestic and international human rights law for the protection and utilization of water resources.

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Klaus Júnior, Cláudio Antônio, Rosana Claudio Silva Ogoshi, and Anderson Antônio Mattos Martins. "THE RIGHT TO WATER, SOCIAL RIGHTS AND THE BRAZILIAN CONSTITUTION." Ponto de Vista Jurídico 13, no. 1 (January 18, 2024): 01–09. http://dx.doi.org/10.33362/juridico.v13i1.3393.

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This study provides a comprehensive exploration of the Right to Water, encompassing its historical significance, international perspectives, and potential constitutional integration. Water's pivotal role in human civilization, geopolitical advantages, and hydropolitical organization are scrutinized. Several nations, including Uruguay, South Africa, Mexico, and Bolivia, have explicitly recognized the right to water, reflecting a global commitment to this fundamental human right. The study delves into the complexities of defining the right to water, its global recognition since the mid-20th century, and its indispensable role beyond consumption in sanitation, infrastructure, socio-economic progress, and public health. Shifting focus to the Brazilian context, the study navigates through Basic Sanitation Law, highlighting its recent amendments and meticulous definitions of sanitation rights. The Brazilian Constitution of 1988 serves as the foundation for public policies, and the study examines the infrequent substantive changes despite numerous amendments, emphasizing the complexities of the amendment process outlined in Article 60. A specific focus is placed on Proposed Constitutional Amendment (PEC) 6/2021, advocating for the inclusion of potable water as a fundamental right. The study acknowledges potential considerations such as privatization and tariffs in the context of providing water as a public service. In conclusion, the research underscores the significance of balancing the recognition of fundamental rights with effective water resource management, emphasizing the need for careful consideration in constitutional amendments. Keywords: Right to Water, Basic Sanitation Law, Brazilian Constitution, Constitutional Amendments, Water Governance. RESUMO Este estudo oferece uma exploração abrangente do Direito à Água, abarcando sua significância histórica, perspectivas internacionais e potencial integração constitucional. São examinados o papel crucial da água na civilização humana, as vantagens geopolíticas e a organização hidropolítica. Diversas nações, incluindo Uruguai, África do Sul, México e Bolívia, explicitamente reconheceram o direito à água, refletindo um compromisso global com este direito humano fundamental. O estudo adentra nas complexidades de definir o direito à água, seu reconhecimento global desde meados do século XX e seu papel indispensável além do consumo em saneamento, infraestrutura, progresso socioeconômico e saúde pública. Mudando o foco para o contexto brasileiro, o estudo percorre a Lei do Saneamento Básico, destacando suas emendas recentes e definições meticulosas dos direitos sanitários. A Constituição Brasileira de 1988 serve como base para políticas públicas, e o estudo examina as mudanças substanciais pouco frequentes apesar de numerosas emendas, enfatizando as complexidades do processo de emenda delineado no Artigo 60. Um enfoque específico é dado à Proposta de Emenda Constitucional (PEC) 6/2021, advogando pela inclusão da água potável como um direito fundamental. O estudo reconhece considerações potenciais, como privatização e tarifas, no contexto de fornecer água como serviço público. Em conclusão, a pesquisa destaca a importância de equilibrar o reconhecimento de direitos fundamentais com uma gestão eficaz dos recursos hídricos, enfatizando a necessidade de cuidado nas emendas constitucionais. Palavras-chave: Direito à Água, Lei do Saneamento Básico, Constituição Brasileira, Emendas Constitucionais, Governança da Água.

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Tignino, Mara. "Prior Notification and Water Rights." AJIL Unbound 115 (2021): 189–94. http://dx.doi.org/10.1017/aju.2021.23.

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International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

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López Bárcenas, Francisco. "Water, property and indigenous rights." Argumentos. Estudios críticos de la sociedad 2, no. 93 (November 23, 2020): 85–106. http://dx.doi.org/10.24275/uamxoc-dcsh/argumentos/202093-04.

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Blair, David. "Jill Robbie, Private Water Rights." Edinburgh Law Review 20, no. 3 (September 2016): 408–9. http://dx.doi.org/10.3366/elr.2016.0377.

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Scholl, James E., and D. Wre. "Water Rights for Rainwater Harvesting." Proceedings of the Water Environment Federation 2012, no. 9 (January 1, 2012): 6457–61. http://dx.doi.org/10.2175/193864712811709931.

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Turkovics, István. "Authority proceedings on water rights." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog, no. 27 (2019): 215–41. http://dx.doi.org/10.21029/jael.2019.27.215.

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Solanes, Miguel. "Water rights markets: Institutional elements." CEPAL Review 1996, no. 59 (November 11, 1996): 83–96. http://dx.doi.org/10.18356/319bfa7e-en.

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Freebairn, John, and John Quiggin. "Water rights for variable supplies." Australian Journal of Agricultural and Resource Economics 50, no. 3 (September 2006): 295–312. http://dx.doi.org/10.1111/j.1467-8489.2006.00341.x.

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DURRANT, E. F. "COMMENTS ON SURFACE WATER RIGHTS." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 4, no. 1 (November 13, 2008): 59–62. http://dx.doi.org/10.1111/j.1744-7976.1956.tb01066.x.

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CAMPBELL, D. R. "More About Surface Water Rights." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 4, no. 1 (November 13, 2008): 62–67. http://dx.doi.org/10.1111/j.1744-7976.1956.tb01067.x.

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Poirier, Robert, and Doris Schartmueller. "Indigenous water rights in Australia." Social Science Journal 49, no. 3 (September 1, 2012): 317–24. http://dx.doi.org/10.1016/j.soscij.2011.11.002.

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Martin, Jill E. "Indian Reserved Water Rights (review)." American Indian Quarterly 24, no. 4 (2000): 660–62. http://dx.doi.org/10.1353/aiq.2000.0023.

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Davis, Ray. "REVISITING STATE WATER RIGHTS LAW." Journal of the American Water Resources Association 30, no. 2 (April 1994): 183–87. http://dx.doi.org/10.1111/j.1752-1688.1994.tb03281.x.

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