David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This Comment explores the content, legal forms, and implications of recognizing an international human right to water. The concept of water as a human right developed from the recognition that treating the right to water as an economic good may result in an affordability problem for some communities, depriving them of access to water. To counter these effects, a human right to water is being developed. This human right to water, though not fully defined by existing international law or practice, has been protected as necessary to secure other human rights, such as those to health, well being, and life. Given the structure of international law, State obligations depend upon which human right a right to water is found to support or whether such a human right to water is ultimately found to be a separate and independent human right from other recognized human rights. Whether a human right to water is ultimately established as a right subordinate to other human rights or as an independent human right, recognition of a human right to water will have far-reaching effects. This Comment analyzes legal developments in South Africa, India, and Argentina to illustrate some of the ways in which States have implemented a legal right to water. The Comment then identifies some of the key challenges and development constraints in ensuring a right to safe water within reasonable distance for all persons. These challenges include modifying riparian and prior-appropriation systems of water rights, defining and limiting impacts upon other legal doctrines, and making economic adjustments associated with providing water to meet the "basic needs" of all persons. The Comment concludes that while recognition of a human right to water is necessary, its implementation is fraught with difficulties.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David J. Chalmers (2002). The Components of Content (Revised Version). In , Philosophy of Mind: Classical and Contemporary Readings. Oup Usa.
William Lycan (2006). The Meaning of “Water”: An Unsolved Problem. Philosophical Issues 16 (1):184-199.
Gerald J. Kauffman (2007). Perspectives on Ethics and Water Policy in Delaware. Journal of Philosophical Research 32 (Supplement):93-126.
Jie Liu, Amarbayasgalan Dorjderem, Jinhua Fu, Xiaohui Lei & Darryl Macer (2011). Water Ethics and Water Resource Management. UNESCO.
Bruce Simmons, Robert Woog & Vladimir Dimitrov (2007). Living on the Edge: A Complexity-Informed Exploration of the Human-Water Relationship. World Futures 63 (3 & 4):275 – 285.
Alexander Bird (2001). Necessarily, Salt Dissolves in Water. Analysis 61 (4):267–274.
Added to index2009-03-26
Total downloads9 ( #157,879 of 1,101,622 )
Recent downloads (6 months)1 ( #292,059 of 1,101,622 )
How can I increase my downloads?