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Human rights to water and sanitation

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Human right to water and sanitation
human rights
TitleThe human right to water and sanitation Edit
Publication date28 July 2010 Edit
Connects withright to a healthy environment Edit
Dema official websitehttps://ohchr.org/EN/Issues/ESCR/Pages/Water.aspx Edit
A boy dey drink from tap for NEWAH WASH water project for Nepal
People dey sanitize environment for Nigeria

De human right to water den sanitation (HRWS) be principle wey talk say clean drinking water den sanitation be universal human right secof dem very important for supporting every person life.[1] United Nations General Assembly recognize am as human right on 28 July 2010.[2] HRWS dem recognize insyd international law thru human rights treaties, declarations den oda standards. Some commentators argue say human right to water dey exist independent of 2010 General Assembly resolution, based on things like Article 11.1 of International Covenant on Economic, Social den Cultural Rights (ICESCR); among those wey accept international ius cogens, dem believe say dis right be binding principle of international law. Other treaties wey explicitly recognize HRWS dey include 1979 Convention on de Elimination of All Forms of Discrimination Against Women (CEDAW) den 1989 Convention on de Rights of de Child (CRC).

De clearest definition of human right to water come from United Nations Committee on Economic, Social den Cultural Rights for General Comment 15 wey dem draft for 2002.[3] E be non-binding interpretation wey explain say access to water be condition for enjoying de right to adequate standard of living, wey e closely link to right to highest attainable health standard, so e be human right. E talk say: "de human right to water entitle everybody to enough, safe, acceptable, physically accessible den affordable water for personal den domestic use."[4]

De first resolutions about HRWS come from UN General Assembly den UN Human Rights Council for 2010.[5] Dem state say sanitation right dey connected to water right, secof poor sanitation fit spoil water quality downstream, so later discussions continue to treat both together. For July 2010, UN General Assembly Resolution 64/292 confirm again say people get human right to safe, affordable, clean den accessible water den sanitation services.[6] During dat General Assembly, dem emphasize say for people to enjoy life den all oda human rights well, safe clean drinking water den sanitation be necessary human right.[7] Dis resolution raise questions about how government suppose manage den provide water den sanitation responsibilities. United Nations Development Programme talk say wen access to clean water den sanitation cam be widely recognized, e go improve people life quality den health.[8][9][10] Revised UN resolution for 2015 emphasize say de two rights separate but equal.[4]

HRWS dey put obligation on governments make dem ensure say people fit enjoy quality, available, acceptable, accessible den affordable water den sanitation.[11] Water affordability dey look how cost fit become burden wey go force people sacrifice other basic needs.[12] Normally, guideline for water affordability be say e no suppose pass 3–5% of household income.[13] Accessibility of water dey consider time wey person take reach source, convenience, den risk involved.[12] Water suppose be reachable for every citizen, meaning say e no suppose be more dan 1,000 meters anaa 3,280 feet away wey for fi be accessed within 30 minutes.[14] Availability of water dey consider whether supply dey enough, reliable den sustainable.[12] Water quality dey check whether e safe for drinking den oda use.[12] For acceptability, water no suppose get bad smell anaa get strange color.[1]

ICESCR require say countries wey sign am must progressively achieve den respect all human rights, wey dey include water den sanitation rights.[11] Dem suppose work fast den effective to improve access den service.[11]

International context

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De WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation report say 663 million people no get access to improved drinking water sources den more dan 2.4 billion people no get basic sanitation services for 2015.[15] Clean water access still be big global problem. Acceptable water sources include "household connections, public standpipes, boreholes, protected dug wells, protected springs den rainwater collections."[16] Even though about 9% of global population no get water access, some regions still lag behind, especially Sub-Saharan Africa.[16] UN sanso highlight say "about 1.5 million children under five dey die every year den 443 million school days dey lost secof water den sanitation related diseases."[17] For 2022, over 2 billion people (25% of world population) no get steady access to clean drinking water.[18][19] 4.2 billion people no get access to safe sanitation services.[20][21][22] By 2024, new estimates show say about 4.4 billion people for low den middle income countries no get access to safe household drinking water.[23][24]

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De International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 be document wey bring togeda de economic, social den cultural rights wey dey insyd de Universal Declaration on Human Rights (UDHR) of 1948. None of dese early documents explicitly recognize human rights to water den sanitation. But later international human rights conventions come include provisions wey directly recognize water den sanitation rights.

  • De 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) get Article 14.2 wey talk say "parties shall take all appropriate measures to eliminate discrimination against women insyd rural areas to ensure, on a basis of equality of men den women, say dem dey participate in den benefit from rural development den, in particular shall ensure to women de right: ... (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity den water supply, transport den communications."[25]
  • De 1989 Convention on the Rights of the Child (CRC) get Article 24 wey recognize say children get right to enjoy highest attainable standard of health den access to facilities for treatment of illness den rehabilitation… den states must take steps like provision of adequate nutritious food and clean drinking water…[26]
  • De 2006 Convention on the Rights of Persons with Disabilities (CRPD) get Article 28(2)(a) wey require say persons with disabilities must get equal access to social protection and clean water services, plus access to appropriate and affordable services and support devices.[27]

"The International Bill of Human Rights"—wey include the 1966 International Covenant on Civil and Political Rights (ICCPR), 1966 Articles 11 and 12 of ICESCR, and 1948 Article 25 of UDHR—don help show how human right to water and sanitation evolve come become recognized worldwide.[28][29] Scholars also emphasize importance of UN recognition of water and sanitation rights near end of 20th century. Early definitions come from law professor Stephen McCaffrey of University of the Pacific in 1992[30] and Dr. Peter Gleick in 1999.[31] McCaffrey talk say this right fit link to right to food, health or even right to life.[30] Gleick add say access to basic water requirement be human right supported by international law and state practice.[31]

The UN Committee on Economic, Social and Cultural Rights (CESCR) wey dey monitor ICESCR compliance come agree with these scholars through General Comment 15 for 2002.[3] Dem conclude say right to water dey part of right to adequate standard of living and also connect to health, housing and food rights.[3] E define say: "The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses..."[32]

Some countries formally accept say water right be part of ICESCR obligations, like Germany, United Kingdom,[33] and Netherlands.[34]

For 2005, UN Sub-Commission on Promotion and Protection of Human Rights issue guidelines to help governments implement water and sanitation rights.[35] This lead Human Rights Council to appoint Catarina de Albuquerque as independent expert in 2008.[36] She later report in 2009 and CESCR confirm say sanitation must be recognized by all states.[11]

After long negotiation, 122 countries accept “Human Right to Water and Sanitation” through UN General Assembly Resolution 64/292 for 28 July 2010.[37] E recognize say every person suppose get access to enough water for personal and domestic use (50–100 liters per person per day), safe, acceptable, affordable (cost no pass 3% of income), and accessible (source no pass 1,000 meters or 30 minutes collection time).[17]

UN General Assembly also declare say clean drinking water be "essential to the full enjoyment of life and all other human rights".[17]

For September 2010, UN Human Rights Council pass resolution wey confirm say water and sanitation be part of right to adequate standard of living.[38]

Catarina de Albuquerque later become Special Rapporteur and continue report on issues like non-state service provision (2010), financing (2011), wastewater management (2013), and sustainability/non-retrogression (2013).[39][40][41][42] Léo Heller later take over as Special Rapporteur in 2014.

Later General Assembly Resolution 7/169 of 2015 confirm distinction between right to water and right to sanitation, because sanitation matter dey get less attention compared to water.[4]

International jurisprudence

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Inter-American Court of Human Rights

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Right to water appear for Inter-American Court of Human Rights case of Sawhoyamaxa Indigenous Community v. Paraguay.[43]

The case involve state failure to recognize indigenous land rights. For 1991, government remove Sawhoyamaxa community from their land, and dem lose access to water, food, education and health services.[43] This fall under American Convention on Human Rights and affect right to life.[44] Water form part of this right as access to land. Court order say land must return and basic services provide during transition period.[45]

International Centre for Settlement of Investment Disputes (ICSID)

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ICSID cases concern contracts between governments and private companies for water services. Even though cases be about investment, some commentators note say right to water influence outcomes indirectly.[46]

Water privatization increase sharply from 1990s according to World Bank data.[47]

Azurix Corp v. Argentina

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This case involve dispute between Argentine Republic and Azurix Corporation over 30-year water contract.[48] Tribunal decide say Azurix deserve fair return on investment but reject full claim of US$438.6 million because expectation for profit must be reasonable given water pricing limits and service obligations.[49]

Biwater Gauff Ltd v. Tanzania

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This case involve private water company dispute with Tanzania government over Dar es Salaam water system contract.[50] Government cancel contract in 2005 over performance issues. Tribunal later rule say government breach agreement but no award damages to company due to public interest concerns.[51]

Right to water in domestic law

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Without international enforcement body, human right to water depend on national courts.[52] Countries implement am through constitutions and laws, either as non-justiciable principles or enforceable rights.[53]

South Africa

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A group of people gathering around a communal tap in Johannesburg, South Africa

For South Africa, constitution explicitly recognize right to water and implementation happen through national laws. This show model where constitution set principle and laws handle details.[54]

Residents of Bon Vista Mansions v. Southern Metropolitan Local Council

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This case involve residents of Bon Vista Mansions after local council disconnect water due to unpaid bills. Court rule say people must get access to water under South African Constitution.[55]

Court also rely on UN General Comment 12 on right to food which require states not to interfere with existing access to basic needs.[56]

Court find say stopping water supply violate law under South African Water Services Act because procedure no fair or reasonable.[57]

This decision come before UN General Comment 15 be officially adopted.[58]

Mazibuko v. City of Johannesburg

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The question of how much water people suppose receive come be discussed further in Mazibuko v City of Johannesburg.[59] The case center on how water dey distribute through pipes to Phiri, one of the oldest areas for Soweto. The case bring two main issues: first, whether the city policy on free basic water—6 kilolitres per month for each account holder—conflict with Section 27 of the South African Constitution or Section 11 of the Water Services Act.[60] Second issue be whether installation of pre-paid water meters be lawful or not.

The High Court hold say the city by-laws no allow installation of meters, so the meters installation be illegal. The court also hold say because the meters stop water supply after free basic water finish, that count as unlawful discontinuation of water supply. The court then rule say residents of Phiri must receive free basic water of 50 litres per person per day.[61]

Centre for Applied Legal Studies (CALS) of University of the Witwatersrand for Johannesburg and Pacific Institute for Oakland, California, share 2008 Business Ethics Network (BENNY) Award for their work on this case.[62] Pacific Institute also provide legal testimony based on work of Dr. Peter Gleick wey help define human right to water and explain minimum water needs.[63]

The main respondents carry the case go Supreme Court of Appeal (SCA), wey rule say city water policy suffer from error of law about minimum obligation under South African National Standard, so dem set am aside.[64] Court also hold say minimum quantity for dignified human life under Section 27 be 42 litres per person per day, not 50 litres. SCA declare say installation of water meters be illegal, but dem suspend the order for two years make city fit correct the system.[65]

The matter later go Constitutional Court. The court hold say constitution require state to take reasonable steps—through laws and policies—to progressively realize access to water, based on available resources. Court also say government policy decisions must stay within budget limits, and courts no suppose replace government role in deciding social and economic policy. So the minimum basic water policy was held constitutional, and government fit even go above am, but court no get power to prescribe exact quantity for social rights implementation.[66]

The court focus instead on whether government steps be reasonable and whether dem dey review their policies regularly.[54] Some critics argue say the judgment use too much judicial restraint and limit strong enforcement of social rights.[67]

India

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Two major cases for India show how courts interpret right to water even though e no explicitly written inside Constitution, but as part of right to life, courts include am under safe and sufficient water access.[68]

The Yamuna River, river wey Haryana state and Delhi dey use

Delhi Water Supply v. State of Haryana

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This dispute start because Haryana dey use Yamuna River water for irrigation while Delhi need am for drinking and domestic use. Court rule say domestic use get priority over commercial use, so Haryana must release enough water for Delhi residents.[69]

Subhash Kumar v. State of Bihar

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For this case, petitioner challenge pollution of Bokaro River due to waste discharge from washeries. Court hold say right to life under Article 21 include right to clean and pollution-free water.[70] However, case fail because court find say petition no be genuine public interest but personal interest, so continuation of case go count as abuse of process.[69]

World Rights to Water Day

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Water be essential for life of all living beings, including humans. So access to clean and enough water be considered inalienable human right. Eco Needs Foundation (ENF) believe say this right suppose be clearly recognized by law, including minimum per capita water access. United Nations already set obligations on countries through different covenants to ensure fair distribution of water to citizens.

Because of this, ENF start observe and promote World Rights to Water Day on 20 March, date wey Dr. Babasaheb Ambedkar lead first water satyagraha in 1927. The day encourage adoption of laws wey guarantee universal right to water. Under guidance of founder Dr Priyanand Agale, ENF organize programmes to promote access to water rights for citizens.[71]

New Zealand

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Economic, social and cultural rights no get explicit protection under New Zealand Human Rights Act or Bill of Rights Act, so right to water no get direct legal protection there.[72]

New Zealand Law Society don indicate recently say dem go still consider legal recognition of these rights.[73]

United States

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For United States, no federal law officially recognize human right to water.[74] But some federal laws protect water quality, including:

  • Safe Drinking Water Act (public water systems, not private wells or bottled water)
  • Clean Water Act (surface waters of the United States)
  • Resource Conservation and Recovery Act
  • Superfund (CERCLA)
  • National Environmental Policy Act (environmental impact requirements)

Australia

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Attention for Australia focus mainly on Indigenous Australians’ water rights. Settler-colonial history still influence how water resources dey managed today. Even though government make agreements, many still no fully address Indigenous access to water and sanitation.

In Mabo v Queensland (No 2), native title rights get legal recognition for first time in 1992. Indigenous Australians often connect land and water to cultural identity, but legal system still struggle to fully recognize spiritual and cultural water rights.[75][76]

Australian water law allow citizens use surface water but no own am. Inland and river water rights mostly under state control, while Commonwealth get power through external affairs, trade and grants powers.[75]

For 2000, Federal Court allow Indigenous people use water for traditional purposes, but irrigation no count as traditional use.[75]

For 2004, National Water Initiative recognize Indigenous water interests, but critics say it no fully address historical inequality in water distribution.[75][76][77]

Remaining discussions

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Transboundary effects

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Ethiopia move to fill Grand Ethiopian Renaissance Dam reservoir fit reduce Nile flow reach up to 25% and spoil Egypt farmland.[78]
After Russia annex Crimea, Ukraine block the North Crimean Canal, wey dey give about 85% of Crimea fresh water.[79]

Since access to water dey cross borders and fit cause tension for areas like Middle East, South Asia, Eastern Mediterranean and some parts of North America, some NGOs and scholars dey argue say right to water get trans-national side too. Dem believe say because water no dey respect borders, countries suppose avoid actions wey fit spoil other people human rights.[80]

Dis idea also fit help reduce global "water crunch" wey population increase dey cause. But as population dey grow, water scarcity go still create serious problem. E also raise question whether water fit dey move from one country go another or not.[81]

Water Dispute Between India and Pakistan

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Water matter between India and Pakistan dey connected to water shortage for South Asia.[82]

Dem get agreement called Indus Waters Treaty wey dey divide river use between di two countries after independence.[83]

Even with di treaty, wahala still dey. Pakistan dey fear say India dam projects fit reduce water wey go reach dem and cause scarcity.[84]

Water commercialization versus state provision

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Debate still dey whether government or private companies suppose handle water supply and sanitation.

Some people believe say water scarcity make private sector management better because e fit increase efficiency and reduce waste. Dem argue say government water system cost too much and no dey always effective, so market approach fit help manage water better.[85]

But other side talk say water be human right, so e no suppose depend on profit or private companies. Dem believe say water suppose dey available for everybody because e dey essential for life.[86]

Organizations

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Organizations wey dey work for water and sanitation rights include:

United Nations organizations

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Governmental cooperation agencies

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International NGOs and networks

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References

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  1. 1 2 "International Decade for Action 'Water for Life' 2005-2015. Focus Areas: The human right to water and sanitation". United Nations (in English). Retrieved 12 December 2020.
  2. ↑ "Resolution 64/292: The human right to water and sanitation". United Nations. August 2010. Retrieved 13 October 2018.
  3. 1 2 3 Refugees, United Nations High Commissioner for. "Refworld | General Comment No. 15: The Right to Water (Arts. 11 and 12 of the Covenant)". Refworld (in English). Retrieved 27 November 2020.
  4. 1 2 3 "The human rights to safe drinking water and sanitation". Archived from the original (PDF) on 25 August 2017. Retrieved 27 November 2020.
  5. ↑ "Resolution adopted by the General Assembly" (PDF). Retrieved 27 November 2020.
  6. ↑ Baer, M. 2015. From Water Wars to Water Rights: Implementing the Human Right to Water in Bolivia, Journal of Human Rights, 14:3, 353-376, doi:10.1080/14754835.2014.988782
  7. ↑ UN (United Nations). 2010. Resolution adopted by the general assembly. 64/292. The human right to water and sanitation. A/RES/64/292. New York: United Nations.
  8. ↑ UNDP (United Nations Development Programme). 1997. Governance for Sustainable Human Development: A UNDP Policy Document. UNDP, New York, NY, USA. See http://mirror.undp.org/magnet/policy/ Archived 13 July 2001 at the Wayback Machine (accessed 21 June 2012)
  9. ↑ World Health Organization (WHO) and United Nation Children's Fund (UNICEF). 2011. Drinking water: Equity, Satefy and sustainability. New York: WHO/UNICEF Joint Monitoring Programme (JMP) for Water and Sanitation.
  10. ↑ World Health Organization (WHO) and United Nation Children's Fund (UNICEF). 2012. Progress on drinking water and sanitation. 2012 update. New York: WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation.
  11. 1 2 3 4 de Albuquerque, Catarina (2014). Realising the human rights to water and sanitation: A Handbook by the UN Special Rapporteur (PDF). Portugal: United Nations. pp. Introduction.
  12. 1 2 3 4 Roaf, Virginia; Albuquerque, Catarina de; Heller, Léo (26 July 2018). The Human Rights to Water and Sanitation. Equality in Water and Sanitation Services. Abingdon, Oxon; New York: Routledge. pp. 26–43. doi:10.4324/9781315471532-2. ISBN 978-1-315-47153-2. S2CID 204491938. Retrieved 29 October 2020.
  13. ↑ "III.S.8 United Nations General Assembly Resolution 64/292 (On the Right to Water and Sanitation) (28 July 2010)". International Law & World Order. Martinus Nijhoff Publishers. 2012. pp. 1–2. doi:10.1163/ilwo-iiis8. ISBN 978-90-04-20870-4.
  14. ↑ "International Decade for Action 'Water for Life' 2005-2015. Focus Areas: The human right to water and sanitation". United Nations. Retrieved 27 April 2021.
  15. ↑ Archived 3 July 2017 at the Wayback Machine ,2015 report of the WHO/UNICEF Joint Monitoring Programme (JMP) for Water Supply and Sanitation
  16. 1 2 General Assembly Declares Access to Clean Water and Sanitation Is a Human Right." UN News Center. 28 July 2010. Accessed 20 March 2014.
  17. 1 2 3 Global Issues at the United Nations." UN News Center. n.d. Accessed 20 March 2014.
  18. ↑ "Drinking-water". www.who.int (in English). Retrieved 16 June 2023.
  19. ↑ "Transforming Water Access: How the "World's Lifeblood" is Under Attack". USGLC (in American English). Retrieved 16 June 2023.
  20. ↑ SeventhQueen; Wolf, Jared (8 June 2022). "The truth behind clean water in Africa 2022". Sustainable Review (in American English). Retrieved 16 June 2023.
  21. ↑ Advocacy, W. V. (22 March 2022). "How Improving Clean Water Access Can Fight Global Hunger". World Vision Advocacy (in American English). Retrieved 16 June 2023.
  22. ↑ "Building access to clean water in support of Sustainable Development Goal 6 | UNICEF Supply Division". www.unicef.org (in English). Retrieved 16 June 2023.
  23. ↑ Greenwood, Esther E.; Lauber, Thomas; van den Hoogen, Johan; Donmez, Ayca; Bain, Robert E. S.; Johnston, Richard; Crowther, Thomas W.; Julian, Timothy R. (16 August 2024). "Mapping safe drinking water use in low- and middle-income countries". Science (in English). 385 (6710): 784–790. Bibcode:2024Sci...385..784G. doi:10.1126/science.adh9578. ISSN 0036-8075. PMID 39146419.
  24. ↑ Ford, Celia (15 August 2024). "More than 4 billion people don't have access to clean water at home". Vox (in American English). Retrieved 30 August 2024.
  25. ↑ "Text of the Convention on the Elimination of All Forms of Discrimination against Women". United Nations. Retrieved 27 November 2020.
  26. ↑ The full text of the Convention on the rights of the child is available at: "Convention on the Rights of the Child". Office of the United Nations High Commissioner for Human Rights. 20 November 1989. Archived from the original on 11 June 2010. Retrieved 21 April 2010..
  27. ↑ The text of the Convention is available here: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities
  28. ↑ Gupta, J., Ahlers, R., and Ahmed, L. 2010. The human right to water: Moving towards consensus in a fragmented world. Review of European Community and International Environmental Law, 19(3), 294–305
  29. ↑ Meier, Benjamin Mason; Kayser, Georgia; Amjad, Urooj; Bartram, Jamie (15 November 2012). "Implementing an Evolving Human Right Through Water and Sanitation Policy". Water Policy (in English). 15. Rochester, N.Y. SSRN 2015424.
  30. 1 2 , McCaffrey, S.C. "A Human Right to Water: Domestic and International Implications" (1992) V Georgetown International Environmental Law Review, Issue 1, pp.1-24.
  31. 1 2 , Gleick, P.H. "The Human Right to Water" (1999) Water Policy, Vol. 1, Issue 5, pp. 487-503.
  32. ↑ "Resources and Information". ww1.unhchr.ch. Retrieved 27 November 2020.
  33. ↑ "righttowater - Just another WordPress site". righttowater (in American English). Retrieved 27 November 2020.
  34. ↑ "Human rights: the Netherlands officially recognises the right to water". Archived from the original on 22 February 2009. Retrieved 27 November 2020.
  35. ↑ "Economic, Social and Cultural Rights: Realization of the right to drinking water and sanitation Report of the Special Rapporteur, El Hadji Guissé" (PDF). Retrieved 27 November 2020.
  36. ↑ "Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation". Archived from the original on 6 July 2010. Retrieved 27 November 2020.
  37. ↑ "United Nations Official Document". United Nations. Retrieved 27 November 2020.
  38. ↑ "UN united to make the right to water and sanitation legally binding" (Press release). Office of the High Commissioner for Human Rights. 1 October 2010. Archived from the original on 29 November 2010. Retrieved 27 November 2020.
  39. ↑ "Statement by the Independent Expert on the issue of human rights obligations related to safe drinking water and sanitation, Ms Catarina de Albuquerque at the 15th session of the Human Rights Council". newsarchive.ohchr.org. Archived from the original on 2 November 2020. Retrieved 19 November 2019.
  40. ↑ "Statement by the Special Rapporteur on the right to access to safe drinking water and sanitation at the 66th Session of the General Assembly". newsarchive.ohchr.org. Archived from the original on 26 October 2020. Retrieved 19 November 2019.
  41. ↑ "OHCHR | Wastewater management". www.ohchr.org. Retrieved 19 November 2019.
  42. ↑ "OHCHR | Sustainability and non-retrogression in the realisation of the rights to water and sanitation". www.ohchr.org. Retrieved 19 November 2019.
  43. 1 2 Sawhoyamaxa Indigenous Community v. Paraguay Archived 29 March 2017 at the Wayback Machine (Inter-American Court of Human Rights, 29 March 2006).
  44. ↑ "American Convention on Human Rights". Inter-American Commission on Human Rights. 22 November 1969. Archived from the original on 18 June 2013. Retrieved 26 May 2013.
  45. ↑ Archived 7 May 2014 at the Wayback Machine, International Network for Economic, Social & Cultural RIghts, Case of Sawhoyamaxa Indigenous Community v. Paraguay.
  46. ↑ , Global Public Interest in International Investment Law, Andreas Kulick, 2012 at 303.
  47. ↑ Bakker, Karen (27 February 2013). "Neoliberal Versus Postneoliberal Water: Geographies of Privatization and Resistance". Annals of the Association of American Geographers. 103 (2): 253–260. Bibcode:2013AAAG..103..253B. doi:10.1080/00045608.2013.756246. S2CID 143834419.
  48. ↑ Azurix Corp v. Argentina Archived 4 March 2016 at the Wayback Machine, ICSID Case No ARB/01/12.
  49. ↑ Archived 4 March 2016 at the Wayback Machine, Azurix Corp v Argentina ICSID Case No ARB/01/12 at 149.
  50. ↑ Biwater Gauff (Tanzania) Ltd v. Tanzania Archived 4 March 2016 at the Wayback Machine, ICSID Case No ARB/05/22.
  51. ↑ "Biwater v. Tanzania". UNCTAD Investment Policy Hub. Retrieved 12 December 2020.
  52. ↑ , McGraw, George S. "Defining and Defending the Right to Water and its Minimum Core: Legal Construction and the Role of National Jurisprudence" Loyola University Chicago International Law Review Vol. 8, No. 2, 127-204 (2011) at 137.
  53. ↑ Archived 29 January 2018 at the Wayback Machine, Natalie Baird and Diana Pickard "Economic, social and cultural rights: a proposal for a constitutional peg in the ground" [2013] NZLJ 289 at 297
  54. 1 2 Archived 29 January 2018 at the Wayback Machine, Natalie Baird and Diana Pickard "Economic, social and cultural rights: a proposal for a constitutional peg in the ground" [2013] NZLJ 289 at 298
  55. ↑ , South African Constitution, Section 27(1)(a).
  56. ↑ , Committee on Economic, Social and Cultural Rights, General Comment 12, Right to adequate food (Twentieth session, 1999), U.N. Doc. E/C.12/1999/5 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 62 (2003).
  57. ↑ Archived 31 October 2017 at the Wayback Machine, South African Water Services Act [No. 108 of 1997] Section 4 (3)
  58. ↑ , UN General Comment No. 15
  59. ↑ Mazibuko v. City of Johannesburg, (06/13865) [2008] ZAGPHC 491;[2008] All SA 471 (W) (30 April 2008)
  60. ↑ Archived 31 October 2017 at the Wayback Machine, South African Water Services Act. [No. 108 of 1997] Section 11
  61. ↑ Mazibuko v. City of Johannesburg, (06/13865) [2008] ZAGPHC 491;[2008] All SA 471 (W) (30 April 2008) at 181
  62. ↑ Business Ethics Network
  63. ↑ , Pacific Institute "Pacific Institute Shares BENNY Award for Efforts in South African Water Rights Decision." (2008), Pacific Institute, Oakland, California
  64. ↑ "South African National Standard 3(b)" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 6 May 2014.
  65. ↑ , Mazibuko and Another v National Director of Public Prosecutions (113/08) [2009] ZASCA 52; 2009 (6) SA 479 (SCA); [2009] 3 All SA 548 (SCA) (26 May 2009)
  66. ↑ Mazibuko and Other v. City of Johannesburg and Others (CCt 39/09) [2009] ZACC 28; 2010 (3) BCLR 239 (CC); 2010 (4) SA 1 (CC) (8 October 2009)
  67. ↑ Alston & Goodman, International Human Rights, Oxford University Press (2013), Lucy A. Williams, "The Role of Courts In The Quantitative-Implementation of Social and Economic Rights: A Comparative Study", 3 Constitutional Court Review 2010 [South Africa] (2011) 141
  68. ↑ , Amy Hardberger "Life, Liberty and the Pursuit of Water: Evaluating Water as a Human Right and the Duties and Obligations it Creates" (2005) 4 Northwestern Journal of International Human Rights 331 at 352
  69. 1 2 Delhi Water Supply & Sewage v. State Of Haryana & Ors, 1999 SCC(2) 572, JT 1996 (6) 107
  70. ↑ Archived 2 April 2012 at the Wayback Machine, The Constitution of India
  71. ↑ econeeds.org
  72. ↑ Natalie Baird and Diana Pickard, "Economic, social and cultural rights: a proposal for a constitutional peg in the ground" Archived 29 January 2018 at the Wayback Machine, [2013] NZLJ 289 at 299
  73. ↑ Archived 4 March 2018 at the Wayback Machine, New Zealand Law Society Human Rights & Privacy Committee, Submission to the 18th Session of The Human Rights Council, Shadow Report to New Zealand's 2nd Universal Periodic Review
  74. ↑ Kevin Murray; Sara Kominers. "The Human Right to Water in the United States" (PDF). Northeastern University School of Law.
  75. 1 2 3 4 Poirier, Robert; Schartmueller, Doris (1 September 2012). "Indigenous water rights in Australia". The Social Science Journal. 49 (3): 317–324. doi:10.1016/j.soscij.2011.11.002. ISSN 0362-3319. S2CID 144101999.
  76. 1 2 Burdon, Peter; Drew, Georgina; Stubbs, Matthew; Webster, Adam; Barber, Marcus (2 October 2015). "Decolonising Indigenous water 'rights' in Australia: flow, difference, and the limits of law". Settler Colonial Studies. 5 (4): 334–349. doi:10.1080/2201473X.2014.1000907. ISSN 2201-473X. S2CID 154484189.
  77. ↑ Gupta, Joyeeta; Hildering, Antoinette; Misiedjan, Daphina (1 December 2014). "Indigenous people's right to water under international law: a legal pluralism perspective". Current Opinion in Environmental Sustainability (in English). 11: 26–33. Bibcode:2014COES...11...26G. doi:10.1016/j.cosust.2014.09.015. ISSN 1877-3435.
  78. ↑ "In Africa, War Over Water Looms As Ethiopia Nears Completion Of Nile River Dam". NPR. 27 February 2018.
  79. ↑ "Pray For Rain: Crimea's Dry-Up A Headache For Moscow, Dilemma For Kyiv". Radio Free Europe/Radio Liberty. 29 March 2020.
  80. ↑ "FIAN International". fian.org. Retrieved 30 March 2021.
  81. ↑ McCaffrey, Stephen C. "Human Right to Water: Domestic and International Implications, A." Geo. Int'l Envtl. L. Rev. 5 (1992): 1.
  82. ↑ Bakhtawar, Saadia (2012). "Water: an Economic Resource Conflict between India and Pakistan". SSRN Electronic Journal. doi:10.2139/ssrn.3597519. ISSN 1556-5068.
  83. ↑ Salman, Salman M. A.; Uprety, Kishor (2002). Conflict and Cooperation on South Asia's International Rivers: A Legal Perspective (in English). World Bank Publications. ISBN 978-0-8213-5352-3.
  84. ↑ Sharma, Pankaj Kumar (2012). "Conflict over Water Between India and Pakistan: Fear and Hopes?". The Indian Journal of Political Science. 73 (1): 133–140. ISSN 0019-5510. JSTOR 41856568.
  85. ↑ Wilder, Margaret; Romero Lankao, Patricia (November 2006). "Paradoxes of Decentralization: Water Reform and Social Implications in Mexico". World Development. 34 (11): 1977–1995. doi:10.1016/j.worlddev.2005.11.026.
  86. ↑ Bakker, Karen. "The "Commons" Versus the "Commodity": Alter‐globalization, Anti‐privatization and the Human Right to Water in the Global South". Antipode 39.3 (2007): 430-455.
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