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The Constitutionality of State and Local 'Norm Sustaining' Actions on Global Climate Change: The Foreign Affairs Federalism Grey Zone
In: 5 U. PENN. J. L. & PUB. AFF. 35
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Working paper
States and Cities As 'Norm Sustainers': A Role for Subnational Actors in the Paris Agreement on Climate Change
In: Virginia Environmental Law Journal, 2019
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Working paper
Translating Legal Norms into Quantitative Indicators: Lessons from the Global Water, Sanitation, and Hygiene Sector
In: William & Mary Environmental Law and Policy Review, Band 42, S. 385
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A New Constitutive Commitment to Water
In: Boston College Journal of Law and Social Justice, Band 36, S. 159
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Can International Water Law Be a Tool for Water Diplomacy?
In: Journal of International Law of Peace and Armed Conflict, Band 27, S. 17-25
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Working paper
The Human Right(s) to Water and Sanitation: History, Meaning and the Controversy Over Privatization
In: Berkeley Journal of International Law, Band 31, Heft 1, S. 2013
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Land Security and the Challenges of Realizing the Human Right to Water and Sanitation in the Slums of Mumbai, India
In: Health and Human Rights, Band 14, Heft 2
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Iraq's Constitutional Mandate to Justly Distribute Water: The Implications of Federalism, Islam, International Law and Human Rights
In: George Washington International Law Review, Band 42
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A New Constitutive Commitment to Water
Cass Sunstein coined the term "constitutive commitment" to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed to realize this new constitutive commitment. Following the termination of water to thousands of households in Detroit, residents and community organizations filed an adversary complaint in Detroit's bankruptcy proceedings seeking a six-month moratorium on the disconnections. The bankruptcy court dismissed the case, accurately finding that "there is no constitutional or fundamental right either to affordable water service or to an affordable payment plan for account arrearages." The widespread protests and outrage at the Detroit water shutoffs suggest, however, that people perceive access to water as a right. Although affordable access to water for essential needs falls short of a constitutional right, it could implicate substantive due process, which reflects its near constitutional status. An analysis of American history, culture, and law demonstrates how access to water for drinking, hygiene, and sanitation could be protected under the right to life. This Article argues that legislation is needed to implement a new constitutive commitment to water and proposes numerous policy options that would not only make moral and economic sense, but also would ensure that all Americans have affordable access to safe water for drinking, hygiene, and sanitation.
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Land security and the challenges of realizing the human right to water and sanitation in the slums of Mumbai, India
In: Health and Human Rights, Band 14, Heft 2
Addressing the human right to water and sanitation in the slums of Mumbai, India requires disentangling the provision of basic services from a more complicated set of questions around land security and land ownership. Millions of slum-dwellers in Mumbai lack adequate access to safe drinking water and sanitation, which places them at risk for waterborne diseases. Many slums are located in hazardous areas such as flood plains, increasing their susceptibility to climate change-related weather patterns. Access to water and sanitation in slums generally hinges on whether a dwelling was created prior to January 1, 1995, because those constructed created prior to that date have greater land security. Although the so-called "1995 cut-off rule" looms large in Mumbai slum policy, a closer reading of the relevant laws and regulations suggests that access to water and sanitation could be expanded to slums created after January 1, 1995. State and municipal governments already have the authority to expand access to water services; they just need to exercise their discretion. However, slums located on central government land are in a more difficult position. Central government agencies in Mumbai have often refused to allow the state and municipal governments to rehabilitate or improve access to services for slums located on their land. As a result, an argument could be made that by interfering with the efforts of sub-national actors to extend water and sanitation to services to slum-dwellers, the central government of India is violating its obligations to respect the human right to water and sanitation under international and national jurisprudence. Adapted from the source document.
Water, Conflict, and Cooperation in Central Asia: The Role of International Law and Diplomacy
In: Vermont Journal of Environmental Law, Band 18, S. 400
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Constitutional Impediments to Decentralization in the World's Largest Federal Country
In: Duke Journal of Comparative & International Law, Band 26
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Working paper
Urban Water Challenges in the Middle East and North Africa (MENA) Region: Integrating Islamic Principles with Demand Management Strategies
In: Chapter 7 of "Water Governance: An Evaluation of Alternative Architectures" (eds. A. Gunawansa and L. Bhullar, 2013)
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