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Chapter Summary

The two main utilisation principles in international water law - no harm and equitable utilisation - are rather vague and hence do not provide much guidance towards achieving the objective of establishing water security. Water scarcity in general is a multifaceted problem that requires measures on both sides, supply as well as demand. The discussion on the nature and scope of obligations attached to a human rights-based approach to freshwater access has also rebutted any objections against it, using implementation costs or state sovereignty over the use of resources as a base. Article 26 ICCPR equips the individual water user with a claim to an equal share in water utilisation. The discussion of Article 6 (1) ICCPR has proven the existence of an individual claim against the state to establish the life-conserving conditions of water access.

Keywords: freshwater access; human rights-based approach; ICCPR; international water law; water scarcity



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