A Legal Analysis of Linking Human Right Approach to Access to Water and Sharing of Trans-Boundary Rivers in South Asia

Jolly, Stellina

doi:10.1007/978-81-322-3724-2_7

Cited by 4 publications

(3 citation statements)

References 16 publications

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“…The ICJ has supported the principle of equitable and reasonable utilization through its decision in that case by ruling out that the unilateral acts of Slovakia to use around 80-90% of the waters of the Danube waters, was a violence to Hungary's basic right to an equitable and reasonable sharing of the resources of an international watercourse. That decision was issued after the adoption of UNWC and the principle acquired the status of customary international law (Jolly, 2018). The case of Pulp Mills between Argentina v Uruguay in 2006 further proves the close relationship between the notion of sustainable development and equitable sharing of resources.…”

Section: The Principle Of Reasonable and Equitable Utilizationmentioning

confidence: 98%

Issues and Principles on Non-Navigational Use of International Watercourses

Alsaadi¹,

Khalid

Dahalan

2020

JUUM

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The concept of international watercourse has been used in many international conventions referring to a river and its tributaries and related canals crossing two or more countries. The notable ones include the Mekong River which crosses five states in the East Asia region and the Danube and Rhine rivers which cross 12 states in Europe. This article addresses relevant international principle which will justify the claims and counter-claims on non-navigational use of international watercourses. It justifies the conflicting parties' demands on shared watercourses. Accordingly, this paper adopts the qualitative doctrinal analysis of the principle of reasonable and equitable utilization under the United Nations Convention on the International Watercourses (UNWC) 1997. Relevant provision will be analysed and harnessed in addressing the respective conflict and weighing each argument of the conflicting parties. It is hoped that the utilisation of the available legal recourses will help strengthen the exisitng legal framework in solving conflict over non-navigational use of international watercourses.

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Section: The Principle Of Reasonable and Equitable Utilizationmentioning

confidence: 98%

Issues and Principles on Non-Navigational Use of International Watercourses

Alsaadi¹,

Khalid

Dahalan

2020

JUUM

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“…This condition can occur naturally below endorheic bodies of water, or artificially under irrigated land. Soil salinization can occur in coastal areas where substantial use of a groundwater source may reverse the direction of seepage from ocean to groundwater (Jolly, 2018).…”

Section: Groundwater Resourcesmentioning

confidence: 99%

Conflict Over Water Resources: A Threat to Peace in the Subcontinent

Prof. Dr. Sayeda Daud

2023

pjia

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The ever growing dearth of water resources will prompt national and global clashes everywhere throughout the world community. As consumption and population increases, the requirement for water resources will increase prompting strains and conflicts between neighboring countries. The unequal circulation leaves little for a population that exhibits extraordinary need. Aims of the study: In light of this issue, Pakistan must develop and incorporate plans to oversee existing water strife. Also, political leaders and government authorities must include building attention to the social and financial advantages of giving water to their citizens in sub-continent. Material and Methods: This paper identifies the importance of water resources and its impact on the behavior of communities towards their geographical regions where the restricted access to water will lead to insecurity and escalating conflicts. It assesses the historical perspective on significance of water resources. Conclusion: It also analyzes the world major water resources and its distribution, the prevailing situation in subcontinent where geographical location of main rivers and their distribution leading to cause of future conflictbetween the two rival nations

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“…McCaffrey (2016) observes that there are two "striking mismatches" in the emergence of this right within the human rights legal framework; the first mismatch is between capacities and responsibilities, and the second mismatch concerns States that have accepted the right to water as a human right, but their development level does not correspond to it. There are some claims that public international law and human rights conventions do not represent an explicit acceptance of right to water (Jolly, 2018). The United States for instance insists that there does not yet appear to be a consensus among States on the existence of the right (to water) as a matter of customary international law (McCaffrey, 2016).…”

Section: The Right To Water As Part Of the Human Rights Frameworkmentioning

confidence: 99%

Revisiting the Human Right to Water in Contemporary International Law

Alsaadi¹,

Khalid

Dahalan

2020

UUM Journal of Legal Studies

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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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A Legal Analysis of Linking Human Right Approach to Access to Water and Sharing of Trans-Boundary Rivers in South Asia

Cited by 4 publications

References 16 publications

Issues and Principles on Non-Navigational Use of International Watercourses

Issues and Principles on Non-Navigational Use of International Watercourses

Conflict Over Water Resources: A Threat to Peace in the Subcontinent

Revisiting the Human Right to Water in Contemporary International Law

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