The Human Right to Water

by Salman, Salman M. A.; McInerney-Lankford, Siobhan

• ISBN13: 9780821359228
• ISBN10: 0821359223
• Format: Paperback
• Copyright: 2004-09-15
• Publisher: World Bank

Summary

"The Human Right to Water traces the issue of the right to water through a number of international legal instruments, particularly General Comment No. 15 which recognizes such a right. It analyzes the international legal regime for human rights, and argues that the nexus between development, water and human rights is well established therein. Although the central theme of the Study is General Comment No. 15 issued by the Committee on Economic, Social and Cultural Rights in 2002 which explicitly recognizes a human right to water, the Study argues that the Comment supports the idea that there is an incipient right to water emerging in international law today. This right is buttressed by a large number of soft law instruments, emerging customary international law, as well as an increasing number of domestic law instruments.The authors are recognized experts in their fields. Salman M. A. Salman is lead counsel in the Environmentally and Socially Sustainable Development and International Law Practice Group (ESSD and International Law) of the World Bank Legal Vice Presidency. He is the Bank?s focal person on water law, and has published extensively in this field. Siobhan McInerney-Lankford is counsel in the ESSD and International Law Practice Group. She specializes in human rights law, and has written widely in this area."

Table of Contents

Foreword	vii
Abstract	ix
Acknowledgments	xi
Abbreviations	xiii
INTRODUCTION	1	(6)
PART ONE Genesis of the Debate on the Right to Water	7	(10)
PART TWO Evolution of the International Legal Regime for Human Rights	17	(28)
Early Developments	17	(11)
The International Covenants on Human Rights	28	(17)
PART THREE General Comments Issued by the Committee on Economic, Social and Cultural Rights	45	(20)
Evolution of the Role of the Committee and Its Early Comments	45	(8)
General Comment No. 15 The Right to Water	53	(12)
Derivation and Inference	56	(3)
Centrality and Necessity	59	(1)
Prior Recognition	60	(5)
PART FOUR Legal and Policy Dimensions of General Comment No. 15	65	(20)
CONCLUSION	85	(6)
Select Bibliography	91	(10)
Appendix I Universal Declaration of Human Rights	101	(8)
Appendix II International Covenant on Economic, Social and Cultural Rights	109	(14)
Appendix III International Covenant on Civil and Political Rights	123	(22)
Appendix IV Economic and Social Council Resolution 1985/17 on the Committee on Economic, Social and Cultural Rights	145	(4)
Appendix V General Comment No. 15-The Right to Water	149	(22)
Index	171