Mara Tignino

The Right to Water and Sanitation in Post-Conflict Peacebuilding

On 26 July 2010, the United Nations General Assembly formally recognized a human right to water and sanitation. The damages that an armed conflict causes to water infrastructure and sanitation services stand as great obstacles to the realization of this right. Taking a rights-based approach in post-conflict settings can benefit the water sector by providing international standards to which political and economic decisions may refer in the creation of water policies and decisions. International criminal tribunals and human rights courts also provide potential avenues to redress violations of the right to water and sanitation during an armed conflict.

Water, International Peace, and Security

Water scarcity, accelerated by climate change, affects water availability and may threaten peace and security. This role of water, as a contributing factor for triggering wars, sheds light on the significance of the protection of water during armed conflict. Keeping water out of war not only contributes to preserving an indispensable natural resource for life but also serves as a tool for the hostile parties to start negotiations, building trust and peace.

Joint infrastructure and the sharing of benefits in the Senegal and Niger watersheds

ABSTRACT Riparian states of the Senegal and Niger watersheds have developed specific techniques for the management of water infrastructure. A common feature in both watersheds is the sharing of benefits from water facilities. Niger River basin states are still at the beginning of a shared vision process for jointly managed infrastructure and equitable benefit sharing, while Senegal River basin states have led the way in innovative forms of shared ownership and governance. Environmental protection and public participation are increasingly included in the development of joint infrastructure, but more could be done to strengthen these aspects of river governance.

International Water Law

This collection brings together writings from leading water law experts in the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.A must for all international water law academics, researchers and practitioners with an original introduction by the editors, this title includes all the seminal articles in the area to provide an invaluable and essential research tool.

Do people have rights in boundaries’ delimitations?: The Multiple Challenges

Human rights could support the rights of individuals to use shared water resources in border areas. In this regard, one might wonder whether the juxtaposition of territorial rights and human rights on the use of water resources could increase the risks of conflict or emphasize territorial disputes. This would certainly be paradoxical, given that one ways to achieve international peace and security is the promotion and encouragement of the respect for human rights. States, both downstream and upstream, can use the same justifications to argue their rights and duties regarding their populations in disputed areas. The right to water is not a prerogative of the individuals of one side of a river over another, but entitles every individual to have access to sufficient and safe water. The rights of both States and individuals can complement each other in the settlement of territorial disputes.

Quasi-judicial bodies

Quasi-judicial bodies have flourished in various areas of international law in the last few decades. These bodies have a mandate to monitor compliance with a body of norms, settle disputes involving those norms, or make factual determinations on the basis of investigations, yet they are not empowered to issue final, binding decisions on questions of international law. This chapter argues that quasi-judicial bodies can be viewed as international lawmakers. They act as procedural rule-makers and are developing a shared collection of principles structuring their procedures. The chapter further suggests that quasi-judicial bodies also act as lawmakers on substantive issues by influencing the interpretation, clarification and refinement of State duties and responsibilities. Quasi-judicial bodies have proved influential in the interpretation of State responsibilities by both national and international courts. Like judicial bodies, they foster compliance with international law and resolve potential conflicts.

The UNECE Water Convention and Multilateral Environmental Agreements

BOISSON DE CHAZOURNES, Laurence, TIGNINO, Mara, LEB, Christina. The UNECE Water Convention and Multilateral Environmental Agreements. In: Tanzi, A., McIntyre, O., Kolliopoulos, A., Rieu-Clarke, A., and Kinna, R. The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes Its Contribution to International Water Cooperation. Leiden, NL : Brill / Nijhoff, 2015. p. 60-72

Water, Women and International Law

I grew up on an island in the heart of the Mediterranean Sea. Water was close to me when I took the bus to school, had Sunday lunch with my family, and during summer holidays when I crossed the Simeto and San Leonardo rivers to get to my house by the sea. As a child, I perceived them as two enormous rivers, but when I started to travel, I realized they are quite small. Moreover, when I took a plane, I also understood that my Sicily was arid: a big yellow area was in the middle of my wonderful island. It seemed to me that green areas were progressively disappearing. Discussions with my family and my travels contributed to my passion for water. Since 2000, I have lived in Geneva and water is still close to me as Geneva is situated on the shore of Lac Léman, the largest lake in Western Europe. In this city, I started to study water through a legal prism: first with a master’s thesis on water in the Middle East and then with a PhD thesis on the relationship between water and wars. During these years, my love for water has meant analyzing the international laws governing issues of water quality and quantity and how women often suffer the most. Women make up 70 percent of the world’s population living in poverty. In southern countries, traditionally women and girls are the members of the families responsible for supplying, collecting and transporting water for household needs. They often have to walk hours to begin the search for drinking water and are exposed to waterborne diseases when washing laundry and utensils in contaminated water. Another concern is their lack of participation in water-related decisions since they are often unable to make their concerns heard within their community. Though in the developmental stage, international law recognizes the link between women and water. The Convention on the Elimination of All Forms