Humanization of the Law Applicable to Fresh Water

2021 ◽  
pp. 187-228
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
Public Participation ◽  
Fresh Water ◽  
Economic Activity ◽  
Armed Conflict ◽  
Clean Water ◽  
Human Right ◽  
Water And Sanitation ◽  
Human Needs ◽  
Rules And Principles ◽  
The Law

Human needs have permeated the law applicable to fresh water through a variety of avenues. This development has added new contours to existing rules and principles. It has also led to the emergence of new rules and principles that concern individuals and non-state actors in the protection and management of fresh water. Over and above a mere cognizance of human needs, there has in recent years been a recognition of a human right to water and sanitation. Moreover, public participation and access to remedies have become particularly important in light of increasing economic activity that may affect, for example, access to clean water. Further still, the regulation of fresh water and protection of water-related infrastructure in armed conflict has broadened and deepened in recent years.

Regulation of Fresh Water Uses

2021 ◽  
pp. 8-68
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
Fresh Water ◽  
Energy Production ◽  
Water Regulation ◽  
Minimum Flow ◽  
Legal Rules ◽  
Human Needs ◽  
Legal Regimes ◽  
The Law ◽  
Water Uses ◽  
The Way

Chapter 2 traces the evolution of fresh water regulation. It identifies the various uses of fresh water that have been subject to legal rules, including boundary delimitation along international watercourses, navigation, fishing, irrigation, energy production, other industrial uses, and recreational purposes. Areas where conflicts of uses arise are also highlighted, and the way in which these are sometimes resolved by the law is explained, with an emphasis on the importance of human needs and the notion of minimum flow. The major treaties that purport to govern international watercourses, such as the UN Watercourses Convention of 1997, which entered into force in 2014, as well as other sources of fresh water and their accompanying legal regimes, are similarly presented.

scholarly journals Ekonomi Keuangan Islam Dalam Konsep Al-Mashlahah Al-Mursalah

2020 ◽  
Vol 6 (1) ◽  
pp. 55-68
Author(s):  
Sudirman Suparmin
Keyword(s):  
Economic Model ◽  
Economic Activity ◽  
Human Needs ◽  
Economic Methods ◽  
The Law ◽  
Do So

Economic activity has existed since the time of the Prophet Muhammad. The basic foundation has actually been made with his own practice as a trader in his youth, besides al-Quran and al-Al-Sunnah also mention the limits of economic activity. In line with the increasingly widespread development of Muslims, various economic model activities have also emerged, so that sometimes it is not uncommon to find activities that develop in society that were never carried out during the time of the Prophet Muhammad and in the text we also do not find in the Al-qur’an or al-Sunnah. But on the basis of human needs, these activities are justified on the basis of the method of al-Mashlahaht. This is because the law of Allah SWT always depends on the increase of His Supremacy. Basic economic methods al-ibahah (allowed) to do so long as there is no argument that prohibits it. What the companions of the Prophet (PBUH) did like Abu Bakr, Umar ibn Khattab was not uncommon based on al-Mashlahah.

The European Court of Human Rights and the right to clean water and sanitation

Water Policy ◽  
2018 ◽  
Vol 20 (2) ◽  
pp. 282-307 ◽  
Author(s):  
Katharina Franziska Braig
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Clean Water ◽  
The European Union ◽  
Human Right ◽  
Creative Development ◽  
Water And Sanitation ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Abstract The human right to clean water and sanitation is currently under discussion in the European Union. During this discussion, it should not be forgotten that another European organisation, namely the European Court of Human Rights (ECtHR), is becoming increasingly active regarding pan-European minimum standards relating to the right to clean water and sanitation. Although it is widely recognised that clean drinking water and sanitation are essential to the realisation of all human rights, no such obligation can be found in the European Convention on Human Rights (ECHR). This article reviews the creative development of the jurisprudence of the ECtHR concerning the right to clean water and sanitation using two interpretation techniques, namely the ‘living instrument’ doctrine and the ‘practical and effective’ doctrine. Today, the ECtHR recognises, for example, that a breach of a State's obligation to respect the right to water can amount to a violation of Article 3 of the Convention on inhuman or degrading treatment. By failing to oblige companies to curb water pollution, the Court has also held that a State can be liable for a breach of Article 8 of the Convention, namely the right to respect for private and family life.

Maritime Warfare

2014 ◽  
Author(s):  
Wolff Heintschel von Heinegg
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
Naval Warfare ◽  
Civil Aircraft ◽  
Rules And Principles ◽  
The Law

This chapter examines the rules and principles of the law of naval warfare and maritime neutrality in interational armed conflict. It discusses entitlement to exercise belligerent rights at sea, the legal framework applicable to the conduct of hostilities at sea, and the capture and destruction of enemy merchant vessels and civil aircraft under prize law. This chapter also suggests that the law of naval warfare and maritime neutrality be considered a remnant from a distant past and explains that some governments believe that many of the traditional rules of prize law and of maritime neutrality have become obsolete.

scholarly journals INDIAN APPROACH TOWARDS RIGHT TO LIFE WITH REFERENCE TO WATER AND SANITATION

2019 ◽  
Vol 2 (3) ◽  
pp. 95-102
Keyword(s):  
Living Organism ◽  
Clean Water ◽  
Human Beings ◽  
Right To Life ◽  
Human Right ◽  
Water And Sanitation ◽  
Indian Constitution ◽  
Healthy Environment ◽  
The Government ◽  
The Impact

Water is the essence of life. It is the most substantial substance of earth. Living organism – be it plants or animals require water for survival. Non-availability of water is equal to denial of right to life. It is rightly said “no water – no life”. Hence, any disavowal of water would imply a denial of right to life. Closely connected to water is right to sanitation facilities. Water and sanitation are essentially about access to clean water, basic sanitation and good hygiene practices, all of which are essential to human development. People of various countries including India is facing water crisis and adequate sanitation facilities in different parts. The right to water and sanitation facilities are not enshrined in the Indian Constitution as an explicit Fundamental Right but the Indian Judiciary, both at the state as well as at the centre, has in several judgments interpreted Article 21 of the Constitution to include a right to clean and sufficient water, a right to adequate sanitation, a right to a decent and well life, a right to live with dignity and with peace, and a right to a humane and healthy environment which would certainly imply a right to water and sanitation to all the members of the society especially human beings. The government has schemes and policies to provide water and sanitation to their citizen as basic right for survival but there are reasons which shows that the people still faces some problem related to the water. The present article interwove right to clean water and sanitation with a base in human rights. It tries to include different existing perspectives regarding the impact of its international recognition as a human right and rights given under Indian Constitution. Through this paper author tries to discuss about the steps of judiciary related to the water and sanitation issues in India. Finally, author concludes the paper with the urgency and challenge of monitoring the human right to clean water and sanitation

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