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Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.
Bridging academic discussion and real-world case studies, this book considers the challenge, posed by SDG6, of balancing the provision of the basic human right of access to water whilst not eroding our capacity to live sustainably in a rapidly changing world.
The book provides insights into the particular nature of water-related challenges in metropolitan regions of the Global South and the “scalar mismatches” that prevent their sustainable and inclusive development. It argues for the adoption of a metropolitan water governance approach to assess these challenges, including the drivers and institutions that shape these, and the policy instruments at river basin and urban scales that aim to address these. The cases of Mexico City and São Paulo, as two mega-cities with a wide ranging of water-related challenges, present lessons to other fast growing urban agglomerations on the variety of possible responses as well as obstacles to their effectiveness that receive little attention.
The first book to engage in a comprehensive examination of the human right to water in theory and in practice.
Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors? Is another 'academic debate' on this subject warranted when action is really what is necessary? Without claiming to prescribe the answers, this publication clearly and carefully sets out the competing arguments and the challenges.
This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs. This is important given rules and instruments adopted to address this topic are relatively nascent, and the field itself is still in the process of developing regulatory frameworks. Taking the application of the HRWS to shared aquifers as a case study, the work discusses whether IWL and International Human Rights Law complement each other. The response to this question requires an analysis of the development of International Groundwater Law and its challenges, the evolution of the HRWS, the nature of transboundary groundwaters, and the interplay between these two fields. The author argues that IWL agreements should contain a provision related to the HRWS to ensure the protection of this right with a stipulation included in the nonbinding instrument that tackles shared groundwaters: the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 through the United Nations General Assembly Resolution. The book will be of interest to international lawyers, water and human right experts, geologists, and anyone interested in water and human rights issues.
This analysis of the human rights to safe drinking water and sanitation (HRtWS) uncovers why some groups around the world are still excluded from these rights. Léo Heller, former United Nations Special Rapporteur on the human rights to water and sanitation, draws on his own research in nine countries and reviews the theoretical, legal, and political issues involved. The first part presents the origins of the HRtWS, their legal and normative meanings and the debates surrounding them. Part II discusses the drivers, mainly external to the water and sanitation sector, that shape public policies and explain why individuals and groups are included in or excluded from access to services. In Part III, public policies guided by the realization of HRtWS are addressed. Part IV highlights populations and spheres of living that have been particularly neglected in efforts to promote access to services.
The four decades long ideological-based insurgencies and conflict in the Kabul River Basin (KRB) have seriously hampered the relations and foreign policies of both Afghanistan and Pakistan. Consequently, it restricts them to solve various bilateral issues including transboundary waters. This lack of cooperation over shared water resources is one of the barriers to achieve inclusive and sustainable development. Additionally, it has contributed to the prevailing anarchic situation where each country does what it wants. The absence of a formal water-sharing mechanism coupled with poor water management practices within both the riparian counties are resulting various flow and administration-related challenges. Moreover, these challenges are further exacerbated by regional changes in social, political, environmental and economic systems. The scholarly literature suggests that an analytical transboundary water governance framework is essential to address the challenges of water politicisation and securitisation, quality degradation and quantity reduction. Additionally, the literature rarely integrates (a) a multi-level approach, (b) an institutional approach (c) an inclusive development approach, or (d) accounts for the uses of different types of water and their varied ecosystem services for improved transboundary water governance. To enhance human wellbeing and achieve inclusive and sustainable development in the KRB this research indicates that it is essential to: (1) defrost frozen collaboration; (2) bypass border dispute; (3) use biodiversity and ecosystem services approach; (4) address existing and potential natural and anthropogenic challenges; (5) remove contradictions in the policy environment; (6) combat resource limits and dependence by promoting collaboration on long-term cost effective solutions; and (7) enhance knowledge and dialogue on inclusive development.
Access to water and sanitation is internationally recognized human right. Yet more than t wo billion people lack even the most basic of services. The latest United Nations World Water Development Report, Leaving No One Behind, explores the symptoms of exclusion and investigates ways to overcome inequalities.