The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention

This article sets the global scene for the regional and local levels elaborated upon by articles later in this special issue by addressing the following research question: What is the impact of a human right to water on the sustainable balance of water uses under the customary international water la...

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Autor principal:	Antoinette Hildering
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2020
Materias:	human right to water international water law un watercourses convention the principle of equitable and reasonable utilization vital human needs sustainable balance of water uses Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/8a3d7a7549f44b1584d012cb58f64490
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spelling	oai:doaj.org-article:8a3d7a7549f44b1584d012cb58f644902021-11-08T08:17:04ZThe Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention1871-515X10.36633/ulr.562https://doaj.org/article/8a3d7a7549f44b1584d012cb58f644902020-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/562https://doaj.org/toc/1871-515XThis article sets the global scene for the regional and local levels elaborated upon by articles later in this special issue by addressing the following research question: What is the impact of a human right to water on the sustainable balance of water uses under the customary international water law principle of equitable and reasonable utilization as codified in the UN Watercourses Convention? In order to answer this question, first, both a human right to water and vital human needs are introduced. Second, the position of a human right to water under the UN Watercourses Convention is reviewed, focusing on vital human needs that require special regard in order to reach equitable and reasonable utilization of freshwater resources. Third, various water uses to be taken into account when aiming for a sustainable balance are considered. Finally, the shift in balance by the coming into existence of a human right to water is concluded upon: It is argued that the impact of the human right to water results in effective priority of water uses for vital human needs in the application of the principle of equitable and reasonable utilization of international watercourses, reinforcing the human right to water beyond borders in return. This article contributes to the legal discourse by linking the general principles of international water law to the human right to water, which are foremost dealt with separately in existing literature, and clarifies the position of this right in the balance of water uses in cases of transboundary water allocation.Antoinette HilderingUtrecht University School of Lawarticlehuman right to waterinternational water lawun watercourses conventionthe principle of equitable and reasonable utilizationvital human needssustainable balance of water usesLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 16, Iss 2, Pp 7-17 (2020)
institution	DOAJ
collection	DOAJ
language	EN
topic	human right to water international water law un watercourses convention the principle of equitable and reasonable utilization vital human needs sustainable balance of water uses Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	human right to water international water law un watercourses convention the principle of equitable and reasonable utilization vital human needs sustainable balance of water uses Law in general. Comparative and uniform law. Jurisprudence K1-7720 Antoinette Hildering The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
description	This article sets the global scene for the regional and local levels elaborated upon by articles later in this special issue by addressing the following research question: What is the impact of a human right to water on the sustainable balance of water uses under the customary international water law principle of equitable and reasonable utilization as codified in the UN Watercourses Convention? In order to answer this question, first, both a human right to water and vital human needs are introduced. Second, the position of a human right to water under the UN Watercourses Convention is reviewed, focusing on vital human needs that require special regard in order to reach equitable and reasonable utilization of freshwater resources. Third, various water uses to be taken into account when aiming for a sustainable balance are considered. Finally, the shift in balance by the coming into existence of a human right to water is concluded upon: It is argued that the impact of the human right to water results in effective priority of water uses for vital human needs in the application of the principle of equitable and reasonable utilization of international watercourses, reinforcing the human right to water beyond borders in return. This article contributes to the legal discourse by linking the general principles of international water law to the human right to water, which are foremost dealt with separately in existing literature, and clarifies the position of this right in the balance of water uses in cases of transboundary water allocation.
format	article
author	Antoinette Hildering
author_facet	Antoinette Hildering
author_sort	Antoinette Hildering
title	The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
title_short	The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
title_full	The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
title_fullStr	The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
title_full_unstemmed	The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention
title_sort	impact of a human right to water on the sustainable balance of water uses under the un watercourses convention
publisher	Utrecht University School of Law
publishDate	2020
url	https://doaj.org/article/8a3d7a7549f44b1584d012cb58f64490
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The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention

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