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Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa

The purpose of this dissertation is to assess whether or not there is a universal human right to water. The problem of water scarcity and high death rates due to a lack of access to clean water is still prevalent across the globe today, making it hard to believe that a human right to water is still...

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Main Author: Penkalla, Michaela
Other Authors: Amien, Waheeda
Format: Thesis
Language:English
Published: Department of Public Law 2016
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access_status_str Open Access
author Penkalla, Michaela
author2 Amien, Waheeda
author_browse Amien, Waheeda
Penkalla, Michaela
author_facet Amien, Waheeda
Penkalla, Michaela
author_sort Penkalla, Michaela
collection Thesis
description The purpose of this dissertation is to assess whether or not there is a universal human right to water. The problem of water scarcity and high death rates due to a lack of access to clean water is still prevalent across the globe today, making it hard to believe that a human right to water is still not codified in international law. This dissertation analyses international as well as national law to assess whether a human right to water is universally acknowledged by the international community despite not being codified. It is argued, that there is still no explicit universal human right to water in international law. However, this dissertation acknowledges that a human right to water does exist as a derivate right, which is almost universally acknowledged. As a derivative right, it is, however, not as equally strong as explicitly acknowledged rights in the core international human rights instruments. This dissertation also provides a brief overview of corporate involvement under the human right to water. An assessment is made as to whether or not international law imposes direct obligations and responsibilities on companies. It is argued in this dissertation that companies have a particular responsibility for the implementation of the human right to water despite states remaining the primary subjects responsible.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2016
publishDateRange 2016
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spelling oai:open.uct.ac.za:11427/20865 Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa Penkalla, Michaela Amien, Waheeda International Law The purpose of this dissertation is to assess whether or not there is a universal human right to water. The problem of water scarcity and high death rates due to a lack of access to clean water is still prevalent across the globe today, making it hard to believe that a human right to water is still not codified in international law. This dissertation analyses international as well as national law to assess whether a human right to water is universally acknowledged by the international community despite not being codified. It is argued, that there is still no explicit universal human right to water in international law. However, this dissertation acknowledges that a human right to water does exist as a derivate right, which is almost universally acknowledged. As a derivative right, it is, however, not as equally strong as explicitly acknowledged rights in the core international human rights instruments. This dissertation also provides a brief overview of corporate involvement under the human right to water. An assessment is made as to whether or not international law imposes direct obligations and responsibilities on companies. It is argued in this dissertation that companies have a particular responsibility for the implementation of the human right to water despite states remaining the primary subjects responsible. 2016-07-27T10:25:19Z 2016-07-27T10:25:19Z 2016 Master Thesis Masters LLM http://hdl.handle.net/11427/20865 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle International Law
Penkalla, Michaela
Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
thesis_degree_str Master's
title Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
title_full Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
title_fullStr Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
title_full_unstemmed Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
title_short Is there a universally acknowledged human right to water? : an analysis of obligations under international, regional and national law : a case study of Germany and South Africa
title_sort is there a universally acknowledged human right to water an analysis of obligations under international regional and national law a case study of germany and south africa
topic International Law
url http://hdl.handle.net/11427/20865
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