Chapter X.14: How international water law connects to environmental law and human rights

Author(s):  
Ellen Hey ◽  
Alberto Quintavalla
Author(s):  
Tuomas Kuokkanen

The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law.  In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles. 


2001 ◽  
Vol 73 (9-10) ◽  
pp. 3-10
Author(s):  
Slavko Bogdanović

The paper contains a review of the role and participation of the SFRY (Former Yugoslavia) in creation and development of International Water Law and International Environmental Law and its participation in the activities of international organizations in this field. Following is the review of current state of things concerning the FRY, with a special look back on the Danube River Basin. The concluding remarks comprise the authors views on the immediate and latter activities of the State, needed for development of modem and appropriate legal frameworks for future activities of the FRY in the field of Environment and Economy in Danube Basin, i.e. in the field of sustainable development.


2019 ◽  
Vol 4 (1) ◽  
pp. 3-88
Author(s):  
Maria A. Gwynn

AbstractThe United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention) recommends that states apply and adapt their watercourse agreements to the provisions of the UN Watercourses Convention. To explore the advantages of abiding to crucial developments in international water law, environmental law, and climate change law, this monograph will analyze the most important hydroelectric energy treaty in the South American region, the Itaipu Treaty. The monograph will argue that adapting watercourse agreements to developments in international law provides a way to foster sustainable development for the treaty parties, the countries sharing the watercourse ecosystem, as well as the international community as a whole.


2020 ◽  
Vol 11 ◽  
pp. 37-49
Author(s):  
Saad Abbas Kadhim Alsaadi ◽  
Rasyikah Md Khalid ◽  
Wan Siti Adibah Wan Dahalan

The right to water has passed through many steps until it has received a full legal adoption in the international human rights law and international water law. However, there are many parties which feel that the right to water should not stand on its own as it complicates the present legal framework for international human rights. This paper examined, based on qualitative research approach, several impediments in legislating water as a human right within the purview of relevant international human rights conventions, taking into account the United Nations (UN) Agenda 2030 for Sustainable Development Goals No. 3: Good Health and Well-being and Goal No. 6: Clean Water and Sanitation. The study indicates that human rights notions have been gaining influential rule in international water law, notably human right to water, which has been recognized by the UN General Assembly and the Human Rights Council (HRC). This study however concludes that despite efforts to deny the legal basis of the right to water as one of the soft law, this right remains as a basic human right and should be respected by all countries.  


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