In a short space of time, the right to water has emerged from relative obscurity to claim a prominent place in human rights theory and practice. This book explores this rise descriptively and prescriptively. It analyses the recognition, use and partly impact, of the right to water in international and comparative law, civil society mobilisation and public policy. It also scrutinises the normative implications of the right to water with a focus on challenges and puzzles it creates for law and policymaking. These questions are explored globally and comparatively within different dynamics of the sector - water allocation, water access and urban and rural water reform - and in conjunction with the right to sanitation. This multi-disciplinary volume reveals the diverse ways in which the right to water has been adopted, but also its limitations when faced with the realities of political economy, political ecology and partly, traditional legal thought.
, Anna F. S. Russell (University of Oxford)
Cambridge University Press
Country of Publication:
21 March 2019
Professional and scholarly
1. Introduction: the right to water in context Malcolm Langford and Anna F. S. Russell; Part I. Water Allocation: 2. Water allocation, customary practice and the right to water: rethinking the regulatory model Barbara van Koppen; 3. Indigenous peoples and the sale of water rights: the case of Chile Domingo A. Lovera Parmo; 4. Water for producing food for basic consumption: guaranteed by the right to water or food? Inga T. Winkler; 5. Tapping transboundary waters: implications of the right to water for states sharing international watercourses Anna F. S. Russell and Stephen McCaffrey; 6. Climate change and the right to water Mac Darrow; Part II. Access to Water and Sanitation: 7. Determining progress on access to water and sanitation: the case of South Africa Jackie Dugard, Malcolm Langford and Edward Anderson; 8. Quantifying the affordability standard: a comparative approach Henri Smets; 9. Engendering the right to water and sanitation: integrating the lived experiences of women and girls Anne Hellum; 10. The human right to sanitation Malcolm Langford, Jamie Bartram and Virginia Roaf; 11. Development cooperation and extraterritorial obligations Ashfaq Khalfan; 12. Palestine: challenges to progressive realisation in the occupied territory Lara El Jazairi; Part III. Urban Water Reform: 13. Privatisation and the right to water Malcolm Langford; 14. Piped water in Jakarta: a political, economic or social good? Nicola Colbran; 15. Privatisation and regulatory autonomy: the right to water in international economic law Andrew Lang; 16. Bilateral investment treaties and investment arbitration Luke Eric Peterson; Part IV. Rural Water Reform: 17. A poor choice? Public policy, social choice and the human right to water Robert A. Hope; 18. Socio-cultural norms, human rights and access to water and sanitation Nandita Singh; 19. The right to water and political ecology: Zimbabwe's water reforms Bill Derman and Emmanuel Manzungu; 20. The right to water in rural India and drinking water policy reforms Philippe Cullet.
Malcolm Langford is an Associate Professor at Universitetet i Oslo and Co-Director of the Centre on Law and Social Transformation, Universiteit i Bergen and Chr. Michelsen Institute, Norway. He has published widely on human rights, constitutionalism and development in multiple disciplines. He has served as an advisor to various UN bodies, governments and NGOs and was the founding director of the Centre on Housing Rights and Evictions Right to Water Programme (2002-6). He is currently a Book Series Editor for Cambridge University Press and Co-Director of the Global School on Socio-Economic Rights. Anna F. S. Russell has published widely in the fields of public international law and international development. She is a former supervising attorney at the Harvard University Human Rights Program and Louwes fellow and lecturer at the University of Oxford. Her visiting fellowships include the Bingham Centre for the Rule of Law, the University of Cape Town and currently, the University of Oxford Law Faculty. She has a doctorate in international law from the University of Oxford and is a barrister and solicitor with the Law Society of Upper Canada. Having worked extensively in Latin America, Africa and Eastern Europe, she advises governments and international organisations on global governance, conflict, security and justice.