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Improving A Human Rights-Based Approach To Freshwater Access

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Chapter Summary

The link between international water law and human rights has yet a territorial dimension. Treaty law enables the concrete and intentional embodiment of all necessary components of a human rights-based approach to freshwater access in international law. In terms of the formal legal standard, the debate on the adoption of new treaty law should therefore rather be one of adopting a "Convention for Freshwater" or at least of incorporating comprehensive rules into existing treaties. The improvement of a human rights-based approach to freshwater access in international law can also be approached from the side of its implementation. The discussion about the adoption of an Optional Protocol to the ICESCR similar to that of the ICCPR is as old as the debate on the division of human rights into two categories.

Keywords: freshwater access; human rights-based approach; ICCPR; ICESCR; international law; international water law; Optional Protocol; treaty law



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