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2the Human Right To Water PDF
2the Human Right To Water PDF
Book Reviews
The Human Right to Water:
Significance, Legal Status
and Implications for Water
Allocation, by Inga T.
Winkler, published by Hart
Publishing, 2012, 340 pp.,
52, hardback.
Regardless which theme events on
water nowadays address, very likely
sooner or later one topic will be
raised and inevitably stir up discussion: the human right to water.
Often enthusiastic support meets
unconditional rejection and not
seldom both views are based on
incomplete information about the
meaning of this right and its implications for domestic water management. With this book, Inga Winkler
since 2009 Legal Adviser to the
UN Special Rapporteur on the
Human Right to Safe Drinking
Water and Sanitation, Catarina de
Albuquerque makes an important
contribution to clarifying the
meaning of this right and to informing the debate about it. It is the first
legal monograph on the right to
water released by an academic
publisher and offers a solid and
in-depth treatment of the subject
matter.
Winklers book is based on an
expansive review of primary materials, especially international and
regional human rights instruments
and documents, regional and international case law and domestic legislation. In addition, it takes into
account extensively the relevant
academic literature. The book is
divided into seven chapters. After
an introduction (Chapter 1) and a
background chapter on water availability and competing demands
(Chapter 2), Winkler analyses in
2013 John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.
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Laitos not only makes a case for recognizing natures right of nonuse,
but also deals with practical implications inherent in recognizing such
right. Multiple questions arise in
this regard: What is the source
of natures right of nonuse? Can
non-living natural resources have
rights? Which entities of nature
have the capacity to bear such
rights? What will be contours of
the right of nonuse and its relation
with rights held by humans? How
can nature enforce its right, including by bringing a legal action before
courts? Chapters 17 and 18 of the
book deal with these complex
questions, albeit very briefly and/or
without taking a position. For
instance, the author discusses
various options to implement the
right of a natural resource to bring a
lawsuit on its own behalf, but does
not indicate his preference for any
particular option (pp. 222226).
Each of the canvassed options
has different pros and cons, and
therefore all of them will not be
equally conducive to institutionalize
natures right of nonuse.
See, e.g., Notes, Finding Strategic Corporate Citizenship: A New Game Theoretic
View, 117:6 Harvard Law Review (2004),
1957, at 19601962, 19791980.
209
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to
Surya Deva
Associate Professor
School of Law
City University of Hong Kong
Sustainable Development.
Evaluation and
Policy-making: Theory,
Practise and Quality
Assurance, edited by
Anneke von Raggamby and
Frieder Rubik, published by
Edward Elgar, 2012, xxii +
313 pp., 85.00, hardback.
This book contains a collection of
fifteen chapters written by a number
of researchers involved in a European Network on Evaluating Policies for Sustainable Development
(EPOS). Funded by the German
Federal Ministry of Education and
Research as a social-ecological
research project, EPOS provided a
platform for discussing and developing approaches in policy evaluation. Together with exchanging
information on evaluation methods,
approaches and experiences, EPOS
also considered ways to strengthen
social-ecological and integrative
aspects in evaluation methods with
the aim of influencing the practice of
policy evaluation. Twelve research
institutes from seven EU countries
collaborated in EPOS.
This book is the fourth volume in
the Evaluating Sustainable Development series published by Edward
Elgar.1 The editors have structured
1
The other three books in the series are:
M. Sedlacko and A. Martinuzzi, Governance
by Evaluation for Sustainable Development
(Edward Elgar, 2012); C. George and C.
Kirkpatrick, Impact Assessment and Sustainable Development (Edward Elgar, 2007);
and U. Schubert and E. Strmer, Sustainable
Development in Europe (Edward Elgar,
2007). For a review of Governance by Evaluation for Sustainable Development, see
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See: <http://www.europeanevaluation.org/
community/thematic-working-groups-twgs/
twg-general-statement.htm#development>.
214
The External
Environmental Policy of
the European Union: EU
and International Law
Perspectives, edited by
Elisa Morgera, published by
Cambridge University Press,
2012, 417pp., 75.00,
hardback.
There are several reasons why this
book is a must-read for anyone
interested in the external dimension of European Union (EU)
environmental policy. It offers a
comprehensive analysis of its defining features and presents the main
changes following the reforms in
the Lisbon Treaty. The future challenges are analyzed in its insightful
contributions, which offer not only
views from the academic world
but also from practitioners in the
European Commission and the
United Kingdom Government. It
brings together complementary
analyses of the legal and political
complexities of this subject, in
which the EU as a green global actor
tries to set an example to other
countries, rooted in its internal
policy and promoted through its
external actions. The fact that its
legal and institutional frameworks
are in transition toward achieving
the full potential of the Lisbon
reforms adds a degree of complexity
to the expected difficulties that the
EU already endures as an international organization with an extensive range of competences.
Elisa Morgera, the editor, invited
the contributors to the book to a
workshop that took place in the
Europa Institute of the University of
Edinburgh School of Law in February 2011. She has organized their
contributions in three parts, driven
by different goals: the first part
aims to show the EU legal and institutional framework after Lisbon;
the second part provides insights
into EU practice; and the third
part the EU and international
Book Reviews
who
explores the possibilities offered
by the Aarhus Convention. Andr
Nollkaemper elegantly introduces
us to the difficult subject of joint
responsibility between the EU
and Member States for nonperformance of obligations under
multilateral environmental agreements. In this framework, he
guides the reader in the search for
a proper response to the jointness
of the external conduct of the EU
and the Member States (p. 305),
concluding
that
responsibility
needs to follow power. The controversial aspects of the interaction
between international and EU law
in environmental matters are dealt
with by Riccardo Pavoni. He examines the direct effect of multilateral
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