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7719 results in Intersentia

Page 168 of 386

Towards a Sustainable Human Right to Water
  • Supporting Vulnerable People and Protecting Water Resources
  • Volume 85
  • Daphina Misiedjan
  • Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019
  • Towards a Sustainable Human Right to Water is a timely examination of a critical and time-sensitive subject in the field of human rights law. Aside from being a basic necessity for human survival, the United Nations identifies water as being a keystone of sustainable development and at the very heart of healthy ecosystems and socio-economic development. Thus, the book poses the critical question how the concept of sustainable development can contribute to the sustainable realisation of the human right to water for vulnerable people. It takes a three step approach in providing an answer to this fundamental question of our time. Firstly, the case is made for a broadening of the scope of vulnerability to include environmental factors and it is argued that the notion of vulnerability, as it is currently understood within the human rights discourse, is too limited. It should not only be assessed by looking at the social and economic circumstances of people or at specific groups, but also by looking at the environment that one lives in. This is certainly important for the realisation of the human right to water, which impacts the unserved or underserved to greater effect as they are directly dependent on their environment. Widening the scope of vulnerability would allow for more specific targeted measures when environmental problems are considered in connection with social vulnerability. Secondly, principles of sustainable development can be used to shape and further develop the human right to water. This would allow for the right to be realised in a sustainable manner and states could comply with both international human rights legislation and international environmental legislation. While these two fields of law have developed separately, their perspectives can nevertheless be reconciled if their different interests are balanced. Finally, an assessment framework is developed to analyze how states can implement the human right to water in a sustainable way. Bringing together the different disciplines of law, economics and public administration, it provides for basic water system knowledge which is required for a comprehensive exploration of the main challenges, and for offering recommendations specific to a national or regional context. This framework has been applied to the situation in Suriname, demonstrating the need for multi-level interventions.

  • Chapter 6 - Ten Building Blocks for a Sustainable Human Right to Water. An Integrated Method to Assess Vulnerable Groups’ Sustainable Access to Water for Domestic Purposes

  • Daphina Misiedjan
  • Book:
    Towards a Sustainable Human Right to Water
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019, pp 155-176

  • Summary

    ‘The lesson to be learnt is that access to water depends on a range of economic, political, technical, cultural, financial, organisational, social and managerial issues. Because of the multi-faceted nature of the problem a holistic view on water service provision is imperative.’

    INTRODUCTION

    In the quest to realise the human right to water for all, states are experiencing many challenges, especially concerning the fulfilment of their obligations towards unserved and underserved populations. With natural resources becoming more and more scarce, states with limited capacities are increasingly required to review their overall water management in relation to providing access to water for domestic purposes. The human right to water can play a crucial role in assisting the development of a contextspecific policy and regulations. Placing the human right to water within a specific national context will put it in a particular physical context regarding water resources. This right, however, is still developing and its position within the overall system of water management is unclear. This book therefore provides a method by which the human right to water can be observed within the bigger picture of sustainable water management. As such this chapter answers the question: How can a sustainable human right to water be assessed within the local context?

    This chapter presents an assessment method in which the rights-based approach to access to water and relevant environmental principles have been integrated with the aim of facilitating the sustainable enjoyment of the right to water by vulnerable groups. This assessment method will be referred to as the ‘Ten building blocks for a sustainable human right to water’ and was built out of a multi-disciplinary assessment method for water governance developed by Van Rijswick, Edelenbos, Hellegers, Kok, and Kuks (2014). The method as developed by Van Rijswick et Al. is a three-step multidisciplinary method to assess how states tackle different water issues such as water shortage, water quality and flood risks.

    This method can be used to pose specific questions in relation to water management. It has therefore been adjusted in order to assess relevant aspects for the implementation of a sustainable human right to water for vulnerable groups and thereby extends the applicability of this approach.

  • Chapter 2 - Water and Vulnerable Groups. Contextualising Vulnerability and Identifying Vulnerable Groups in Relation to the Human Right to Water

  • Daphina Misiedjan
  • Book:
    Towards a Sustainable Human Right to Water
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019, pp 21-46

  • Summary

    ‘True sustainability can be achieved only when everyone has access to services.’

    INTRODUCTION

    Vulnerable groups having access to water for domestic purposes remains a challenge in many states, especially where there are scarce resources. Achieving universal access and sustainable access are often considered to be mutually exclusive as some states argue that providing access to water for everyone will prevent them from managing their water sustainably as it will put additional pressure on their water resources. Nevertheless, the amount of water which is globally available is sufficient to provide everyone with drinking water. The current situation where segments of society still lack access hints at issues regarding water allocation and exclusion, while the human rights framework requires states to achieve universal access and to use resources effectively.

    Currently, it is estimated that 663 million people, one in ten people globally, lack access to safe water. ‘Not having access to water and sanitation is a polite euphemism for a form of deprivation that threatens life, destroys opportunities and undermines human dignity. Being without access to water means that people resort to ditches, rivers and lakes polluted with human or animal excrement or used by animals. It also means not having sufficient water to meet even the most basic human needs.’ The majority of those without access to water live in the developing regions of Sub-Saharan Africa and Southern Asia. However, major inequalities are also experienced between nations and regions as well as internally as water resources and connected services are often not equally distributed. For instance, in Yemen only around 50 percent of the population have access to safe drinking water and the overwhelming majority of those without access live in rural areas. And even in developed states these disparities are noticeable. For instance, many First Nations of Canada experience deplorable conditions concerning drinking water and sanitation. In 2007, only 37 percent of their water systems were maintained by certified water system operators. As a result, the drinking water in many communities was unsuitable for drinking purposes unless boiled or treated in another appropriate manner.

    This study focusses on vulnerable groups as they are most often the groups who lack access to water and could benefit from access to water being recognised as a human right. Unserved and underserved communities are struggling to meet their water needs and look for alternative ways to do this.

  • Chapter 8 - Conclusions

  • Daphina Misiedjan
  • Book:
    Towards a Sustainable Human Right to Water
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019, pp 233-242

  • Summary

    ‘Water is life. It is the lifeblood of our environment and our very existence.’

    INTRODUCTION

    This study commenced by explaining the situation of the current water crisis where one out of ten persons globally does not have access to safe water for domestic purposes. When this issue is not tackled it will negatively affect generations to come and destroy opportunities for the development of current generations. This deprivation of water is set against a background of water pollution, over-exploitation and mismanagement but also climate change and economic austerity. The current water usage and allocation is not socially or environmentally sustainable. What should be kept in mind is that there is enough freshwater available to meet the basic needs of current and future populations. However, insufficient water is allocated for domestic purposes. These circumstances exacerbate the challenges that unserved and underserved communities and individuals face. This makes them vulnerable. They make use of unsafe water resources to meet their needs with all the associated health risks.

    Human rights aim to provide means of redress, especially for those whose basic needs have not been fulfilled by setting minimum standards. As access to water is the latest right which has been implicitly recognised, its placement within the human rights framework gives vulnerable groups another means to gain access to water in a meaningful way. However, because this right is not explicitly included in the ICCPR and ICESCR its articulation is still at the development stage. As mentioned, access to water is challenging because of these wide-ranging water problems. Therefore for the right to be meaningfully realised appropriate measures should be taken. Such appropriate measures can be found in the concept of sustainable development as it governs how water resources can be managed and allocated. Sustainable development can support the realisation of the human right to water and therefore this study has delved into the main research question: how can the concept of sustainable development contribute to the sustainable realisation of the human right to water for vulnerable people?

    WIDENING THE SCOPE OF VULNERABILITY

    The first step which this study took was to look into ‘vulnerability’ as those who are underserved and unserved can be qualified as vulnerable. Not only are they the most relevant group in the perspective of this study, their situation also serves as a litmus test for the overall realisation of the human right to water.

  • Chapter 7 - Suriname

  • Daphina Misiedjan
  • Book:
    Towards a Sustainable Human Right to Water
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019, pp 177-232

  • Summary

    “We, the people of Suriname, value and protect our biological diversity, including all natural and cultural resources, through equitable and sustainable use for present and future generations. A national commitment to Suriname's biological wealth, integrating all sectors of society, will allow people to experience the full benefits of sustainable management and wise use while maintaining and enhancing the diversity of the country's cultural and natural heritage.”

    INTRODUCTION

    The previous chapters laid out which obligations states have towards vulnerable individuals and groups in relation to their to access water. The protection of water resources plays an important role in this but also the (re)allocation of these resources is an important factor as well. The standards have been set at the international level through soft and hard law instruments. However, for individuals and groups it is most relevant how and whether states have implemented these obligations at the national level. Therefore, this study includes case-studies to explore whether and how international obligations and other standards influence how a sustainable human right to water is shaped for vulnerable groups and individuals and how water resources should be managed. To demonstrate this the Republic of Suriname was selected. The two cases (Paramaribo and Brokopondo) which are set in this state show how access to water is managed and what the different challenges are. They explore the relationship between the human right to water and how water resources are managed. Figure 7.1 which was introduced in chapter 5 illustrate this relationship. The protection and management of water resources form the outer boundaries of the realization of the human right to water.

    Suriname has a great wealth of water resources, so much so that it is in the top 10 of water-rich countries in the world. Therefore it can be assumed that Suriname has the necessary natural resources to provide all of its inhabitants, including vulnerable groups, with access to safe water. However, not every inhabitant of Suriname is currently guaranteed access to safe drinking water, especially those living outside of the urban areas, due to regional discrepancies in coverage. According to the Ministry of Labour, Technological Development and Environment threats to the freshwater ecosystems are: ‘(1) pollution (urban-domestic and industrial waste) e.g. mining activities, (2) changes in land use, (3) agriculture runoff (e.g. pesticides), (4) climate change (droughts, floods), and (5) sea level rise (saltwater intrusion).’

  • Chapter 4 - Sustainability in the Context of Water

  • Daphina Misiedjan
  • Book:
    Towards a Sustainable Human Right to Water
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    07 March 2019, pp 95-122

  • Summary

    ‘Fresh water is a finite and vulnerable resource, essential to sustain life, development and the environment.’

    INTRODUCTION

    The previous chapter laid out the legal foundations and content of the human right to water. Its realisation, as previously explained, depends on the availability and allocation of water resources. Ensuring vulnerable groups’ sustainable access to water for domestic purposes has several aspects in relation to water resources management which should be considered. It is often argued that providing access to those who currently do not have such access to water will increase environmental degradation and the depletion of water resources. However, as mentioned, on a global basis household consumption accounts for less than 10 percent of the overall human water use. Because of this, household consumption does not pose the biggest threat to water resources. Also, there is sufficient water to meet the basic needs of all. Even in countries where water is limited, there is still enough to meet basic needs. The issue of who obtains water and how much is not exclusively an issue of the availability of water resources. As the Human Development Report explains: ‘the scarcity at the heart of the global water crisis is rooted in power, poverty and inequality, not in physical availability’. Ensuring access to water for vulnerable groups is therefore also a question of prioritisation in allocation.

    This does not mean, however, that the quality and quantity of freshwater resources should not be monitored. Additionally, the state of freshwater resources and the ecosystems which purify and replenish them are an essential element in realising the human right to water. Overuse of water and the contamination of water resources are among the challenges which cause water scarcity. This can result in people losing access to traditional water sources, simple water filtering services becoming insufficient and the depletion of water sources. All these issues make the availability of sufficient and safe water problematic. In other words, securing the right to water for those who are currently unserved and future generations demands sustainable water resources management and the prioritisation of allocating water for domestic purposes.

  • Chapter 3 - The Formal Approach

  • from PART II - APPROACHES
  • Felix M. Wilke
  • Book:
    A Conceptual Analysis of European Private International Law
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    25 February 2019, pp 89-286

  • Summary

    “General” can be understood in a formal way. The generality of an issue or a rule in this formal sense means that it is relevant in more than one legal context. Relevance in more than one factual context would hardly suffice. What exactly constitutes a“legal context” depends upon each legal system and is also a question of perspective/level of abstraction. Thus, for example, a substantive rule on the formation of contracts is formally general because this issue arises with regard to more than one type of contract, be it a sales contract, a construction contract or a service contract. Yet it would still only be a rule about contracts and of no importance in tort law.

    The same can be said for EU private international law. At EU level, for example, each of the Rome Regulations and the Succession Regulation can be seen as constituting one legal context. Formally general issues or rules would thus be issues or rules relevant for more than one EU private international law regulation. This is the level with which this chapter deals for the most part. But one can also move one level lower: there are issues or rules that are formally general within each EU private international law regulation because they are relevant for more than one of their conflict'Ss provisions, e.g. not only for consumer contracts but also for employment contracts, not only for torts but also for unjust enrichment. Symeonides has called this problem of shift ing frames of reference the “blurred line” between special and general rules. As long as the frame of reference is made explicit, however, one is able to say whether an issue exists in (or a rule applies to) only one context or more.

    This chapter, then, is about issues arising for more than one rule – or, if there is already a solution for the issue in question intended to operate in more than one context, about rules that are the same for more than one conflicts rule.

  • Chapter 2 - Material

  • from PART I - FOUNDATIONS
  • Felix M. Wilke
  • Book:
    A Conceptual Analysis of European Private International Law
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    25 February 2019, pp 41-86

  • Summary

    Descriptive sections in comparative studies can easily become tedious. Yet transparency dictates not making reference to the provisions of domestic and EU law only in piecemeal fashion later on, where the brunt of references is relegated to the“low rumble of the footnote”. I will therefore try to navigate Scylla and Charybdis by first giving a brief overview of the private international law of each member state and of the EU itself, so that later references do not point to a vacuum.

    Incidentally: the decision for not having fewer references, and thus slimmer footnotes, in the first place is based on the idea that not all sources compiled for this book will be available everywhere. More references for the same point increase the probability that every reader has access to at least some of the sources relied upon for my observations.

    DOMESTIC PRIVATE INTERNATIONAL LAW

    SCOPE OF THE OVERVIEW

    In accordance with the overall approach of this book, the scope does not cover the legal, constitutional, or political order of the member states as a whole. Rather, it focuses on the following issues:

  • – Is there a legislative act, be it part of another act or stand-alone, dealing with different aspects of conflict of laws? In short, and shunning the many possible connotations of the term, is there a“code” of private international law?

  • – If so, does that code contain a separate set of provisions which it itself expressly deems “general”? (This formal perspective entails that the meaning of “general” can remain open for the time being.) What issues do the provisions in such a section deal with?

  • – If there is no code of private international law, are there issues which have nevertheless been identified as “general” or at least are dealt with separately from other sets of issues (and by whom/with what authority)?

    • Note that, in the interest of readability, I will use inverted commas as sparingly as possible outside of direct quotations (of which there will be quite a few).

  • Chapter 1 - Method

  • from PART I - FOUNDATIONS
  • Felix M. Wilke
  • Book:
    A Conceptual Analysis of European Private International Law
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    25 February 2019, pp 13-40

  • Summary

    Comparative law is a risky discipline. There is a danger of at least prima facie doubtful endeavours such as comparing New Zealand and German adoption laws, or Uzbek securities trading law with its Swiss counterpart. Then there are numerous, perhaps countless, pitfalls in the comparative process itself. In view of these issues, this chapter addresses three aspects. First, the reasonableness of approaching the present topic in a comparative way. Second, the extent to which this book follows the traditional notion of comparative law, the extent to which it does not, and why not. Third, the attempts that will be made in order to avoid some of the subject'Ss pitfalls and why falling into some of them – horribile dictu – would not cast doubts on the book as a whole.

    Radbruch'Ss observation that “sciences which have to busy themselves with their own methodology usually are sick sciences” may or may not be true. If one emphasises the compulsory aspect (“have to”) in the sense that those sciences do little else, it is easier to agree with Radbruch than in general, where occupation with method and methodology is a constitutive element of the scientific nature of a discipline. Even though there are excellent examples of comparative private international law, i.e. the comparison of private international law rules, questions of comparative law are mostly (and mostly without making mention of it) discussed in relation to comparing substantive rules. Thus, it may be of some general interest to analyse features of comparative private international law here. In order to be understood as correctly as intersubjectively possible, some remarks as to methodological preconceptions are indispensable.“Some”, however, is to be taken literally; the debate on methods in comparative law has been getting out of hand, it would be impossible in this context to address anything but select questions.

    COMPARATIVE PRIVATE INTERNATIONAL LAW IN THE EUROPEAN UNION

    COMPARATIVE PRIVATE INTERNATIONAL LAW

    The “intimate”, almost “symbiotic” relationship between private international law and comparative law has oft en been noted.

  • PART I - FOUNDATIONS

  • Felix M. Wilke
  • Book:
    A Conceptual Analysis of European Private International Law
    Published by:
    Intersentia
    Published online:
    30 March 2019
    Print publication:
    25 February 2019, pp 11-12

  • Summary

    Some groundwork is necessary before one can delve into conceptual, legal, and policy questions surrounding general issues of private international law in the context of the EU.

    The first chapter in this part addresses questions of method. Why even approach the present topic from a comparative perspective? What kind of perspective is this? How does it deal with the various difficulties of taking into account the law of 28 states?

    The next chapter then provides an overview of the legislative and scholarly material upon which Part II in particular relies. Short country reports summarise the situation of private international law in the different member states. Does domestic private international law — or at least its treatment by the cognoscenti – already reflect a distinction between ‘general’ and ‘special’ issues? If so, to what extent? Finally, with regard to EU private international law itself: is it possible to observe in it at least incunabula of any such systematisation?

Page 168 of 386