Freshwater Access from a Human Rights Perspective A Challenge to International Water and Human Rights Law 1st Edition by Knut Bourquain ISBN 9789047431466 9047431464

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Product details: 

ISBN 10:   9047431464

ISBN 13: 9789047431466

Author: Knut Bourquain

This book explores the critical issue of access to freshwater from the lens of international human rights law. Knut Bourquain offers a comprehensive legal analysis of whether and how international law recognizes access to freshwater as a human right. He addresses the interplay between international water law—which traditionally focuses on the equitable and reasonable use of transboundary watercourses—and the emerging human right to water.

The study highlights the fragmentation and gaps in existing legal frameworks and argues for a more integrated and rights-based approach. Bourquain critically examines international treaties, human rights instruments, and case law, and presents recommendations for strengthening legal protections to ensure universal and equitable access to water. The book ultimately calls for rethinking both water law and human rights law to better address the global water crisis.

Table of contents: 

Chapter 1. Introduction

1.1. The background situation water scarcity as a global

problem

1.2. Causes of the current crisis

1.3. Strategies of crisis management

1.3.1. The national context of water management

1.3.2. The transboundary context of water management

1.4. The role of law in problem-solving

1.5. The human rights-based approach to freshwater access in international law

1.6. Synopsis of the study

Chapter 2. The law on international watercourses and its deficits in providing freshwater access

2.1. Introduction

2.2. Survey of the development of international water law in the 20th century

2.2.1. General overview

2.2.2. Non-navigational water use as a legal issue

2.2.3. The Water Basin Concept and the Common Management Approach

2.2.4. Re-thinking the interrelationship between Equitable Utilisation and No-Harm

2.3. Analysis of international water law in regard to fulfilling the basic human need for water

2.3.1. The 1997 Convention on the Law of the Non-navigational Uses of International Watercourses

2.3.2. Customary water law

2.4. Concluding observations on international water law’s deficits

Chapter 3. Elements of a human rights-based approach to freshwater access

3.1. Introduction

3.2. Characteristics of a human rights-based approach to freshwater access

3.3. Human rights-based approaches vs. policy concepts?

3.4. Freshwater access in the context of the debate on rights to development and a clean environment

3.4.1. Background to the debate

3.4.2. The human right to a clean environment in international law

3.4.3. The human right to development in international law

3.5. Elaboration of the scope of obligations attached to a human rights-based approach to freshwater access

3.5.1. Negative obligations

3.5.2. Positive obligations

3.5.3. Non-state actors as addressees of human rights?

3.6. Universalism, particularism and pluralistic legal systems

3.6.1. Universalism vs. particularism of a human rights-based approach to freshwater access

3.6.2. The human rights-based approach to freshwater access within systems of legal pluralism

3.7. Concluding observations on the characteristics of a human rights-based approach to freshwater access

Chapter 4. The human rights-based approach to freshwater access within current international human rights law

4.1. Introduction

4.2. International law explicitly including individual rights to freshwater access

4.3. Deriving individual rights to freshwater access from international human rights treaty law

4.3.1. Freshwater access as an element of the right to life according to Article 6 (1) ICCPR

4.3.2. Freshwater access as part of the right to be free from torture and from inhuman or degrading treatment according to Article 7 ICCPR

4.3.3. Freshwater access as derived from the right to an adequate standard of living according to

Article 11 ICESCR

4.3.4. Freshwater access as part of the right to health according to Article 12 ICESCR

4.3.5. Equal treatment of water users according to Article 26 ICCPR

4.3.6. Particular protection of freshwater access of minorities by international human rights

treaties

4.4. Freshwater access as part of customary international human rights law

4.4.1. International custom with regard to a generic human right to water

4.4.2. International custom with regard to the specific interest of participation and access to information in water matters

4.5. Freshwater access as part of general principles of international law

4.6. Extraterritorial obligations of states concerning the basic human need for water

4.7. Concluding observations on the international human rights law’s contribution to freshwater access

Chapter 5. Improving a human rights-based approach to

freshwater access

5.1. Introduction

5.2. The need to connect human rights law with international water law

5.3. Establishing new international treaty law

5.3.1. Increasing the normative content of a human rights-based approach to freshwater access

5.3.2. Establishing individual complaint mechanisms by an Optional Protocol to the ICESCR

5.4. Specifying and developing the human rights-based approach to freshwater access by the interpretation of existing law

5.4.1. Specification by interpreting existing law

5.4.2. General Comment No. 15 of the CESCR as an example for specifying the human rights-based approach to freshwater access

5.4.3. The implementation dialogue between supervisory body and state as a means of producing binding interpretations and evolving law

5.4.4. Fostering the human rights-based approach to freshwater access by establishing transboundary water management institutions

5.5. Soft law and policy instruments strengthening a human rights-based approach to freshwater access

5.6. Concluding observations on prospects for the improvement of a human rights-based approach to freshwater access

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Tags: Knut Bourquain, Freshwater Access, Human Rights, A Challenge