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Journal articles on the topic 'Water rights'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Ambrus, Mónika. "Water Rights: Fragmented Rights?" International Community Law Review 17, no. 1 (February 4, 2015): 37–67. http://dx.doi.org/10.1163/18719732-12341294.

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Historically, global water law has developed in fragments. The fragmented nature of water law mainly originates from the fact that water can be seen as an economic, ecological and social unit (horizontal fragmentation). Within the clusters that these units constitute, water law is also seen as fragmented, given that a particular cluster is composed of different levels (vertical fragmentation). This article will scrutinise the social justice cluster, or the right to water, and examine whether and to what extent vertical fragmentation in water law leads to divergent approaches among the differen

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2

Perry, Chris, and Geoff Kite. "Water Rights." Water International 24, no. 4 (December 1999): 341–47. http://dx.doi.org/10.1080/02508069908692186.

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3

Kim, Tae Jin. "Water Rights Related to Water Supplies and Uses." Journal of the Korean Society of Hazard Mitigation 21, no. 4 (August 31, 2021): 211–15. http://dx.doi.org/10.9798/kosham.2021.21.4.211.

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As human development and urbanization progress, concepts of water rights for water use have been applied to water consumption for managing human life. The water cycle can be divided into natural and artificial water cycles, whereas water rights can be divided into water supply and water use rights for humans and nature. In this paper, the relationships between the river act, dam construction act, sanitary act, sewerage act, forest resource act, and other acts and water rights corresponding to water-right categories and government ministries are summarized and organized. In addition, the legal

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4

Wu, Xiao Yuan, Qing Hua Pang, and Yuer Chen. "The Index System Construction of Basin Initial Water Rights Allocation by Integrating Water Quantity and Water Quality." Advanced Materials Research 926-930 (May 2014): 4385–89. http://dx.doi.org/10.4028/www.scientific.net/amr.926-930.4385.

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As reflection of property rights in the field of water resources, water rights is the right to use water resources in a certain period of time based on water quantity and water quality. Aimed at solving the issue of basin initial water right allocation in China, on the basis of the pre-research of index system of basin initial water rights allocation system, as well as the complexity and differences of the allocation system, the index system of basin initial water rights allocation system in this paper is comprehensively designed, and the index framework divided into three layers of target, cr

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5

Thielbörger, Pierre. "Happy Birthday: The Human Right to Water at 20." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 365–74. http://dx.doi.org/10.1163/24686042-12340092.

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Abstract The article reflects on 20 years of the human right to water since its recognition in the groundbreaking General Comment No. 15 of the Committee on Economic, Social and Cultural Rights. It traces the right’s late and only indirect legal recognition in human rights law, and portrays its normative content along the lines of water availability, quality and accessibility. As two important trends, the paper points to the growing link between water security and the human right to water as a consequence of climate change, as well as to the responsibility of corporations for the human right t

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6

Shiva, Vandana. "Women's water rights." Waterlines 17, no. 1 (July 1998): 9–11. http://dx.doi.org/10.3362/0262-8104.1998.030.

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7

Salma, Marija. "Riparian water rights." Zbornik radova Pravnog fakulteta, Novi Sad 49, no. 4 (2015): 1571–82. http://dx.doi.org/10.5937/zrpfns49-9556.

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8

CAMPBELL, D. R. "SURFACE WATER RIGHTS*." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 3, no. 2 (November 13, 2008): 61–66. http://dx.doi.org/10.1111/j.1744-7976.1955.tb01282.x.

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9

Ansink, Erik, and Hans-Peter Weikard. "Contested water rights." European Journal of Political Economy 25, no. 2 (June 2009): 247–60. http://dx.doi.org/10.1016/j.ejpoleco.2008.09.007.

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10

Yuanyuan, SUN. "Basis of water rights empowerment and classification of water rights." 资源科学 38, no. 10 (2016): 41–45. http://dx.doi.org/10.18402/resci.2016.10.07.

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11

Masiangoako, Thato, Kelebogile Khunou, and Alana Potter. "Fighting for water in South Africa: public participation, water rights claiming and strengthening governance." H2Open Journal 5, no. 1 (February 24, 2022): 98–114. http://dx.doi.org/10.2166/h2oj.2022.023.

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Abstract Communities in South Africa employ a diverse range of strategies to actively claim their right to water. This paper examines two rights claiming strategies – protest and litigation – through the lens of two case studies. The first case study examines the struggles of the residents of Makhanda, a small town in the predominantly rural Eastern Cape Province, who formed a coalition to advocate for the dissolution of the municipal council for failing to fulfil its constitutional mandate to provide basic services. The second case examines the struggles of the residents of Marikana, an infor

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12

Meier, Benjamin Mason, Georgia Lyn Kayser, Urooj Quezon Amjad, and Jamie Bartram. "Implementing an evolving human right through water and sanitation policy." Water Policy 15, no. 1 (September 27, 2012): 116–33. http://dx.doi.org/10.2166/wp.2012.198.

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With water and sanitation vital to the public's health, there have been growing calls to accept water and sanitation as a human right and establish a rights-based framework for water policy. Through the development of international law, policymakers have increasingly specified water and sanitation as independent human rights. In this political development of human rights for water and sanitation, the authors find that the evolution of rights-based water and sanitation policy reached a milestone in the United Nations (UN) General Assembly's 2010 Resolution on the Human Right to Water and Sanita

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13

Baer, Madeline. "From Water Wars to Water Rights: Implementing the Human Right to Water in Bolivia." Journal of Human Rights 14, no. 3 (January 6, 2015): 353–76. http://dx.doi.org/10.1080/14754835.2014.988782.

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14

KLAWITTER, SIMONE. "Water as a Human Right: The Understanding of Water Rights in Palestine." International Journal of Water Resources Development 23, no. 2 (June 2007): 303–27. http://dx.doi.org/10.1080/07900620601181697.

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15

Murillo Chávarro, Jimena. "The Right to Water in the Case-Law of the Inter-American Court of Human Rights." Anuario Colombiano de Derecho Internacional - ACDI 7, no. 1 (April 25, 2014): 39–68. http://dx.doi.org/10.12804/acdi7.2014.02.

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16

Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.

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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority i

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17

이충한. "Water, Human Rights, Democracy." Environmental Philosophy ll, no. 19 (June 2015): 119–39. http://dx.doi.org/10.35146/jecoph.2015..19.005.

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18

Carter, Nancy Carol. "American Indian Water Rights." Legal Reference Services Quarterly 27, no. 1 (March 2008): 1–48. http://dx.doi.org/10.1300/02703190802128442.

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19

Das, Subhajyoti. "MNC’s appropriate water rights." Journal of the Geological Society of India 73, no. 6 (June 2009): 874. http://dx.doi.org/10.1007/s12594-009-0070-4.

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20

Wurbs, Ralph A. "Water Rights in Texas." Journal of Water Resources Planning and Management 121, no. 6 (November 1995): 447–54. http://dx.doi.org/10.1061/(asce)0733-9496(1995)121:6(447).

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21

Lampe, Les, Glen H. Fiedler, Gary R. Clark, Duane Georgeson, and John D. Leshy. "Solving Water Rights Conflicts." Journal - American Water Works Association 83, no. 3 (March 1991): 36–43. http://dx.doi.org/10.1002/j.1551-8833.1991.tb07112.x.

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22

Collins, Richard B. "Indian Reservation Water Rights." Journal - American Water Works Association 78, no. 10 (October 1986): 48–54. http://dx.doi.org/10.1002/j.1551-8833.1986.tb05830.x.

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23

Alsaadi, Saad Abbas Kadhim, Rasyikah Md Khalid, and Wan Siti Adibah Wan Dahalan. "REVISITING THE HUMAN RIGHT TO WATER IN CONTEMPORARY INTERNATIONAL LAW." UUM Journal of Legal Studies 11 (January 31, 2020): 37–49. http://dx.doi.org/10.32890/uumjls.11.1.2020.6860.

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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 Devel

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24

Gaughran, Audrey. "Business and Human Rights and the Right to Water." Proceedings of the ASIL Annual Meeting 106 (2012): 52–55. http://dx.doi.org/10.5305/procannmeetasil.106.0052.

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25

Wulandari, Andi Sri Rezky, and Andi Rahmah. "Formulation of Water Rights Policies as Basic Rights." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 8, no. 1 (June 26, 2021): 1–17. http://dx.doi.org/10.24252/al-qadau.v8i1.21122.

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This study aims to analyze the formulation of water rights policies as basic rights. The research method is normative legal research research with legislation and conceptual approaches through the Library Research. The results of this study are in regulating the water resources sector in Indonesia, readiness is needed from all aspects in order to support the need for clean water as the most vital requirement. The legal settings are not only formalistic but also objective. The national policy formulation of water rights starts from ratifying The International Convention on Economic, Social and

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26

Kasim, Helmi. "Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air." Jurnal Konstitusi 12, no. 2 (May 20, 2016): 353. http://dx.doi.org/10.31078/jk1228.

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This writing analyses access to water not merely as a right but as human rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Con

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27

Uddin, Sayed Mohammad Nazim, Vicky Walters, J. C. Gaillard, Sanjida Marium Hridi, and Alice McSherry. "Water, sanitation and hygiene for homeless people." Journal of Water and Health 14, no. 1 (July 7, 2015): 47–51. http://dx.doi.org/10.2166/wh.2015.248.

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This short communication provides insights into water, sanitation and hygiene (WASH) for homeless people through a scoping study conducted in Dhaka, Bangladesh. It investigates homeless access to WASH through the lens of a rights-based approach. It demonstrates that homeless people's denial of their right to WASH reflects their marginal position in society and an unequal distribution of power and opportunities. The study ultimately suggests a rights-based approach to work toward dealing with the root causes of discrimination and marginalisation rather than just the symptoms. For the homeless,

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28

Fransiska, Asmin. "Right to health on access to clean water in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 6 (September 12, 2022): 519–27. http://dx.doi.org/10.20525/ijrbs.v11i6.1973.

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This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to c

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29

Viaene, Lieselotte. "Indigenous Water Ontologies, Hydro-Development and the Human/More-Than-Human Right to Water: A Call for Critical Engagement with Plurilegal Water Realities." Water 13, no. 12 (June 14, 2021): 1660. http://dx.doi.org/10.3390/w13121660.

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Water conflicts across the world are bringing to the fore fundamental challenges to the anthropocentric boundaries of the human rights paradigm. Engaging with the multi-layered legal ethnographic setting of the Xalalá dam project in Maya Q’eqchi’ territory in Guatemala, I will critically and empirically unpack not only the anthropocentric boundaries of the hegemonic human rights paradigm, but also the ontological differences between indigenous and Euro-Western legal conceptualizations of human-water-life. I argue that it is necessary to pave the way for urgent rethinking of the human right to

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30

Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.

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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure

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31

Schiel, Rebecca, Malcolm Langford, and Bruce M. Wilson. "Does it Matter: Constitutionalisation, Democratic Governance, and the Human Right to Water." Water 12, no. 2 (January 26, 2020): 350. http://dx.doi.org/10.3390/w12020350.

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States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the realisation of the right? While several qualitative studies report positive impacts, initial quantitative assessments have questioned the systematic positive impact of the national recognition of the human right to water. Yet, such quantitative analyses of the effects of constitutional rights to water often overlook important mediating policy factors. We test specifically wheth

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32

Hall, Ralph P., Barbara Van Koppen, and Emily Van Houweling. "The Human Right to Water: The Importance of Domestic and Productive Water Rights." Science and Engineering Ethics 20, no. 4 (December 12, 2013): 849–68. http://dx.doi.org/10.1007/s11948-013-9499-3.

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33

Chun, Kyoung-Un. "Type of Water Rights and Reconsideration of Dscussion on Integration of Water Rights." Kyung Hee Law Journal 55, no. 3 (September 30, 2020): 183–227. http://dx.doi.org/10.15539/khlj.55.3.6.

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34

Li, Tienan, Xueting Zeng, Cong Chen, Xiangmin Kong, Junlong Zhang, Ying Zhu, Fan Zhang, and He Dong. "Scenario Analysis of Initial Water-Rights Allocation to Improve Regional Water Productivities." Water 11, no. 6 (June 25, 2019): 1312. http://dx.doi.org/10.3390/w11061312.

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In this study, an initial water-rights allocation (IWRA) model is proposed for adjusting the traditional initial water-rights empowerment model based on previous water intake permits, with the aim of improving the productivity of water resources under population growth and economic development. A stochastic scenario with Laplace criterion mixed fuzzy programming (SSLF) is developed into an IWRA model to deal with multiple uncertainties and complexities, which includes dynamic water demand, changing water policy, adjusted tradable water rights, the precise risk attitude of policymakers, develop

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35

Tak, Ziad. "Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme." European Scientific Journal, ESJ 13, no. 14 (May 31, 2017): 96. http://dx.doi.org/10.19044/esj.2017.v13n14p96.

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The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actu

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36

Krakow, Carly A. "The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict." Water 12, no. 2 (January 24, 2020): 340. http://dx.doi.org/10.3390/w12020340.

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This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal

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37

Notini Moreira Bahia, Amael, and Lucas Carlos Lima. "The Environmental Perspective of the Right to Water in the Case Law of the Inter-American Court of Human Rights." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 170–85. http://dx.doi.org/10.1163/24686042-12340083.

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Abstract This article aims at understanding the environmental perspective of the human right to water in the case law of the Inter-American Court of Human Rights (IACtHR). The paper firstly introduces the human right to water in general international law. Secondly, it examines the constructions implemented in the jurisprudence of the IACtHR. Thereafter, it goes on to discuss the Advisory Opinion n 23/17 innovations regarding human rights water in environmental perspective. Finally, the repercussion of this decision is presented in the context of the recent jurisprudence of the IACtHR, which re

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38

Klaus Júnior, Cláudio Antônio, Rosana Claudio Silva Ogoshi, and Anderson Antônio Mattos Martins. "THE RIGHT TO WATER, SOCIAL RIGHTS AND THE BRAZILIAN CONSTITUTION." Ponto de Vista Jurídico 13, no. 1 (January 18, 2024): 01–09. http://dx.doi.org/10.33362/juridico.v13i1.3393.

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This study provides a comprehensive exploration of the Right to Water, encompassing its historical significance, international perspectives, and potential constitutional integration. Water's pivotal role in human civilization, geopolitical advantages, and hydropolitical organization are scrutinized. Several nations, including Uruguay, South Africa, Mexico, and Bolivia, have explicitly recognized the right to water, reflecting a global commitment to this fundamental human right. The study delves into the complexities of defining the right to water, its global recognition since the mid-20th cent

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39

Tignino, Mara. "Prior Notification and Water Rights." AJIL Unbound 115 (2021): 189–94. http://dx.doi.org/10.1017/aju.2021.23.

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International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensu

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40

López Bárcenas, Francisco. "Water, property and indigenous rights." Argumentos. Estudios críticos de la sociedad 2, no. 93 (November 23, 2020): 85–106. http://dx.doi.org/10.24275/uamxoc-dcsh/argumentos/202093-04.

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41

Blair, David. "Jill Robbie, Private Water Rights." Edinburgh Law Review 20, no. 3 (September 2016): 408–9. http://dx.doi.org/10.3366/elr.2016.0377.

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42

Scholl, James E., and D. Wre. "Water Rights for Rainwater Harvesting." Proceedings of the Water Environment Federation 2012, no. 9 (January 1, 2012): 6457–61. http://dx.doi.org/10.2175/193864712811709931.

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43

Turkovics, István. "Authority proceedings on water rights." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog, no. 27 (2019): 215–41. http://dx.doi.org/10.21029/jael.2019.27.215.

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44

Solanes, Miguel. "Water rights markets: Institutional elements." CEPAL Review 1996, no. 59 (November 11, 1996): 83–96. http://dx.doi.org/10.18356/319bfa7e-en.

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45

Freebairn, John, and John Quiggin. "Water rights for variable supplies." Australian Journal of Agricultural and Resource Economics 50, no. 3 (September 2006): 295–312. http://dx.doi.org/10.1111/j.1467-8489.2006.00341.x.

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46

DURRANT, E. F. "COMMENTS ON SURFACE WATER RIGHTS." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 4, no. 1 (November 13, 2008): 59–62. http://dx.doi.org/10.1111/j.1744-7976.1956.tb01066.x.

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47

CAMPBELL, D. R. "More About Surface Water Rights." Canadian Journal of Agricultural Economics/Revue canadienne d'agroeconomie 4, no. 1 (November 13, 2008): 62–67. http://dx.doi.org/10.1111/j.1744-7976.1956.tb01067.x.

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48

Poirier, Robert, and Doris Schartmueller. "Indigenous water rights in Australia." Social Science Journal 49, no. 3 (September 1, 2012): 317–24. http://dx.doi.org/10.1016/j.soscij.2011.11.002.

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49

Martin, Jill E. "Indian Reserved Water Rights (review)." American Indian Quarterly 24, no. 4 (2000): 660–62. http://dx.doi.org/10.1353/aiq.2000.0023.

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50

Davis, Ray. "REVISITING STATE WATER RIGHTS LAW." Journal of the American Water Resources Association 30, no. 2 (April 1994): 183–87. http://dx.doi.org/10.1111/j.1752-1688.1994.tb03281.x.

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