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The Right(s) to Water - The Multi-Level Governance of a Unique Human Right (Hardcover, 2014 ed.)
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The Right(s) to Water - The Multi-Level Governance of a Unique Human Right (Hardcover, 2014 ed.)
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Politicians and diplomats have for many years proclaimed a human
right to water as a solution to the global water crisis, most
recently in the 2010 UN General Assembly Resolution "The human
right to water and sanitation". To what extent, however, can a
right to water legally and philosophically exist and what
difference to international law and politics can it make? This
question lies at the heart of this book. The book's answer is to
argue that a right to water exists under international law but in a
more differentiated and multi-level manner than previously
recognised. Rather than existing as a singular and comprehensive
right, the right to water should be understood as a composite right
of different layers, both deriving from separate rights to health,
life and an adequate standard of living, and supported by an array
of regional and national rights. The author also examines the right
at a conceptual level. After disproving some of the theoretical
objections to the category of socio-economic rights generally and
the concept of a right to water more specifically, the manuscript
develops an innovative approach towards the interplay of different
rights to water among different legal orders. The book argues for
an approach to human rights - including the right to water - as
international minimum standards, using the right to water as a
model case to demonstrate how multilevel human rights protection
can function effectively. The book also addresses a crucial last
question: how does one make an international right to water
meaningful in practice? The manuscript identifies three crucial
criteria in order to strengthen such a composite derived right in
practice: independent monitoring; enforcement towards the private
sector; and international realization. The author examines to what
extent these criteria are currently adhered to, and suggests
practical ways of how they could be better met in the future.
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