Tag Archives: water

Metabolic Urbanism and Environmental Justice: The Water Conundrum in Bangalore, India (V.K. Mehta, R. Goswami, E. Kemp-Benedict, S. Muddu, and D. Malghan)

Authors

V.K. Mehta, R. Goswami, E. Kemp-Benedict, S. Muddu, and D. Malghan

Keywords

Water, India, Metabolic Urbanism, Environmental Justice

Abstract

Environmental Justice is the essential peer-reviewed journal that explores the equitable treatment of all people, especially minority and low-income populations, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Published bimonthly

Citation

(2014) 7(5) Environmental Justice 130-137

Paper

Metabolic Urbanism and Environmental Justice: The Water Conundrum in Bangalore, India

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Making Sand Castles as the Tide Comes in: Legal Aspects of Climate Justice (E. Burleson)

Author(s)

Elizabeth Burleson

Keywords

Climate Change, Millennium Development Goals (MDGs), Sustainable Development, United Nations, International Law, environmentally sound tech, mitigation, adaptation, sustainable development, and disaster risk management, public participation, Governance, water

Abstract

Achieving climate justice and the Millennium Development Goals (MDGs) are mutually- reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

Citation

(2011) 2 Journal of Energy and Environmental Law 42.

Paper

Making Sand Castles as the Tide Comes In: Legal Aspects of Climate Justice

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Iraq: Water, Water Nowhere (M. Chulov)

Author

Martin Chulov

Keywords

Drought, Iraq , dry river beds, salt flats, water, dams, river diversion, war, water management, migration

Abstract

The Guardian’s Baghdad correspondent, Martin Chulov, brings to life Iraq’s latest plague: drought. In southern Iraq, once the lavishly, fabled Garden of Eden, Chulov walks the dry river beds and salt flats that were the cradle of civilization. Iraq’s water troubles are manifold: dams and diversions by upstream neighbors choke supply; severe shortages leave many tributaries of the mighty Tigris and EuphratesRivers at a mere trickle; and years of war and turmoil have weakened the ability of the nation’s leaders to effectively manage water resources. Millions of Iraqis have already been forced to leave their homes and fields in search of opportunities elsewhere. Unless the government can develop the nation’s oil resources and shore up new industries, an even harsher future awaits those who have already withstood so much.

Citation

(2009/2010) 26 World Policy Journal 33-40

Paper

Iraq : Water, Water Nowhere

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Life, Liberty, and the Pursuit of Water: Evaluating Water as a Human Right and the Duties and Obligations it Creates (A. Hardberger)

Author

Amy Hardberger

Keywords

Water, human right, customary international law

Abstract

The purpose of this paper is to demonstrate the need to establish water as a human right and thereby raise the right to water to the status of customary international law.

Citation

(2005) 4 Northwestern University Journal of International Human Rights 331

Paper

Life, Liberty, and the Pursuit of Water: Evaluating Water as a Human Right and the Duties and Obligations it Creates

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Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship (C.A. Arnold)

Author

Craig Anthony Arnold

Keywords

Water, privatization, property, commodification, watersheds, human rights, national security, public rights, stewardship, fiduciary, public utilities, sustainability, environment, ecology, equity, public trust, state ownership, usufructuary, conservation

Abstract

This article examines 3 aspects of water privatization in the United States: 1) the privatization of public water services and systems; 2) the dominance of private property rights in water amid a complex legal regime of mixed public and private characteristics of water; and 3) the cultural framing of water as a consumer commodity. These trends raise significant humanrights issues, not unlike global debates over humanrights to water, and also critical national security issues related to conflict and scarcity, foreign control over domestic water supplies, and vulnerability to terrorism. More importantly, though, the article critiques the sustainability of the privatization and commodification of water in terms of the ecological, temporal, geographic, socio-ethical, policy, and economic integrity and sustainability of waters and watersheds.

The article concludes that humanrights legal theories lack the capacity to resolve concerns about meeting the human need for water. Likewise, national security policies are too limited to address larger issues of long-term water governance to ensure secure, stable, and sustainable water supplies for the public.

The article proposes an alternative concept: public stewardship of water. This concept is based on the public ownership and control of water (i.e., the state ownership doctrine), subject to private property interests in water that are usufructuary in nature and regulated by the government for the public interest. These property interests in water should be seen as part of a “web of interests” defined by the unique and multi-faceted characteristics of water, including its role in sustaining all life. However, the government should be held to 6 fiduciary duties with respect to all water resources, moving beyond the traditional public trust doctrine: 1) the duty of security; 2) the duty of conservation; 3) the duty of sustainability; 4) the duty of equity; 5) the duty of investment; and 6) the duty of long-range, place-based planning. All stakeholders, including the public, should share in the government’s responsibility for acting on these duties.

Citation

(2009) 33 William & Mary Environmental Law and Policy Review 785

Paper

Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship

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