Utrecht Law Review最新文献_第8页

The Human Right to Water and the Realisation of Water Rights in the Occupied Palestinian Territory 巴勒斯坦被占领土的水权与水权的实现

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.564

Ahmed Beshtawi

引用次数: 0

Participation in the Implementation of the Human Right to Water in Tunisia 参加在突尼斯执行享有水的人权

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.569

T. Schmitz, B. Rensen

引用次数: 0

The Sustainable Human Right to Water as Reflected in the Sustainable Development Goals 从可持续发展目标看可持续的水权

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.560

O. Spijkers

{"title":"The Sustainable Human Right to Water as Reflected in the Sustainable Development Goals","authors":"O. Spijkers","doi":"10.36633/ulr.560","DOIUrl":"https://doi.org/10.36633/ulr.560","url":null,"abstract":"In Sustainable Development Goal 6 (SDG6), also known as the ‘water goal’, one finds various (implicit) references to the internationally recognized human right to water. The aim of this paper is to further explore those linkages. More specifically, the main research question is the following: in what way does SDG6 facilitate local level implementation of the international human right to water, and does SDG6 call for a more sustainable interpretation of that human right? First, a brief overview is provided of the drafting process of SDG6, which took place in the period from 2013 to 2015, with a focus on suggested insertions into that SDG, of references to the human right to water and to local implementation. Then, the actual text of SDG6, as finally adopted in 2015, is analyzed in more detail. SDG6 is subjected to a textual analysis, in which the language of SDG6 is compared with authoritative codifications of the human right to water in the sources of international law, primarily treaties. This is followed by a brief and preliminary analysis of the monitoring and implementation process of SDG6, which began after its adoption in 2015, and will continue until the SDGs reach their expiration date in 2030. The paper ends with a conclusion.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48731559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Constitutionalising a Human Right to Water in the Southern African Development Community 建立南部非洲发展共同体的水权

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.573

M. Barnard

{"title":"Constitutionalising a Human Right to Water in the Southern African Development Community","authors":"M. Barnard","doi":"10.36633/ulr.573","DOIUrl":"https://doi.org/10.36633/ulr.573","url":null,"abstract":"At present no binding human rights instrument referring to an explicit right to water exists within the Southern African Development Community’s (SADC) human rights legal framework. There are, however, implicit references to such a right within a number of SADC policy documents, and three Constitutions of SADC member states (South Africa, Zimbabwe and the Democratic Republic of the Congo) explicitly contain a right to water. In order to provide the peoples of SADC a legal basis upon which to enforce these implicit and explicit human rights, a SADC human right to water must be constitutionalised within a binding human rights instrument. In giving content to this proposed constitutionalised human right to water the ‘reading in’ approach found in General Comment 15 of the Committee on International Economic, Social and Cultural Rights as interpreted by the African Commission on Human and Peoples’ Rights will be applied to specific SADC water policy documents. In this manner, references to aspects related to the right to water – most notably water quality and water quantity will be identified and discussed. These references will be interpreted and will be applied to inform the content of the proposed constitutionalised SADC human right to water.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45511603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention 《联合国水道公约》规定的用水人权对可持续平衡用水的影响》

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.562

A. Hildering

{"title":"The Impact of a Human Right to Water on the Sustainable Balance of Water Uses under the UN Watercourses Convention","authors":"A. Hildering","doi":"10.36633/ulr.562","DOIUrl":"https://doi.org/10.36633/ulr.562","url":null,"abstract":"This article sets the global scene for the regional and local levels elaborated upon by articles later in this special issue by addressing the following research question: What is the impact of a human right to water on the sustainable balance of water uses under the customary international water law principle of equitable and reasonable utilization as codified in the UN Watercourses Convention? In order to answer this question, first, both a human right to water and vital human needs are introduced. Second, the position of a human right to water under the UN Watercourses Convention is reviewed, focusing on vital human needs that require special regard in order to reach equitable and reasonable utilization of freshwater resources. Third, various water uses to be taken into account when aiming for a sustainable balance are considered. Finally, the shift in balance by the coming into existence of a human right to water is concluded upon: It is argued that the impact of the human right to water results in effective priority of water uses for vital human needs in the application of the principle of equitable and reasonable utilization of international watercourses, reinforcing the human right to water beyond borders in return. This article contributes to the legal discourse by linking the general principles of international water law to the human right to water, which are foremost dealt with separately in existing literature, and clarifies the position of this right in the balance of water uses in cases of transboundary water allocation.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"7-17"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49249030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

How the European Citizens’ Initiative ‘Water and Sanitation is a Human Right!’ Changed EU Discourse on Water Services Provision 欧洲公民倡议“水和卫生设施是一项人权!”改变了欧盟关于供水服务的论述

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.568

J. V. D. Berge, R. Boelens, J. Vos

{"title":"How the European Citizens’ Initiative ‘Water and Sanitation is a Human Right!’ Changed EU Discourse on Water Services Provision","authors":"J. V. D. Berge, R. Boelens, J. Vos","doi":"10.36633/ulr.568","DOIUrl":"https://doi.org/10.36633/ulr.568","url":null,"abstract":"In 2010 the United Nations General Assembly recognized the human right to water and sanitation in what is seen as a historical vote by water activists. Implementation of the right to water is imperative to achieve sustainable development. In 2011 the regulation for a European Citizens’ Initiative (ECI) entered into force in the European Union. With such an initiative it is possible to propose an issue for European legislation by collecting one million signatures from citizens in at least seven Member States. The European federation of trade unions in the public services sector (EPSU) decided to take up the challenge to organise such an ECI and formed a diverse coalition of organisations and water activists that became known as ‘Right2Water.’ Their proposal was ‘to implement the human right to water and sanitation in European law.’ Although it was successful in achieving the required number of supporters, the European Commission answered that implementation of the human right to water was to be left to Member States and that there was no need to change existing legislation. The Right2Water movement aimed not as much to change legislation but more to challenge EU neoliberal policies and shift them from a ‘market approach’ to a ‘rights-based approach.’ This chapter looks at the factors that contributed to the success of ‘Right2Water,’ how the ideological debate around the human right to water took place during the campaign and the impact it had on EU discourse as well as on EU water policy.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44984451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Exploring the Road to Justiciability of the Human Right to Water in Suriname 探索苏里南水权的可诉性之路

IF 0.6

Utrecht Law Review Pub Date : 2020-10-30 DOI: 10.36633/ulr.570

Daphina Misiedjan

引用次数: 0

Environmental Criminal Enforcement in Poland and Russia: Meeting Current Challenges 波兰和俄罗斯环境犯罪执法:应对当前挑战

IF 0.6

Utrecht Law Review Pub Date : 2020-08-28 DOI: 10.36633/ulr.532

D. Solodov, E. Zębek

{"title":"Environmental Criminal Enforcement in Poland and Russia: Meeting Current Challenges","authors":"D. Solodov, E. Zębek","doi":"10.36633/ulr.532","DOIUrl":"https://doi.org/10.36633/ulr.532","url":null,"abstract":"Environmental criminal law provides for measures targeting the most serious environmental offences and improving the enforceability of environmental provisions. In the article, environmental criminal law provisions in Poland and Russia are analyzed and compared. The changes introduced by the Council Directive 2008/99/EC on the protection of the environment through criminal law have a significant impact on the Member States’ criminal law, promoting broader criminalization of environmentally harmful behavior and more severe sanctions. Although the Russian Federation is not an EU member and adopts its environmental legislation, it is still a party to several international treaties and therefore is obligated to provide an adequate level of environmental protection. There are several similarities between the criminal provisions in both countries concerning the classification of environmental crimes and the limbs of their legal definitions. Besides, both countries use a continental model of criminal procedure including their rules on evidence. It allowed us to compare national law enforcement practices. The authors analyze current law enforcement challenges and discuss possible solutions.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"140-150"},"PeriodicalIF":0.6,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41859236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Importance of judicial decisions as a perceived level of relevance 司法判决作为一种感知的相关性水平的重要性

IF 0.6

Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.504

Terezie Smejkalová

{"title":"Importance of judicial decisions as a perceived level of relevance","authors":"Terezie Smejkalová","doi":"10.36633/ulr.504","DOIUrl":"https://doi.org/10.36633/ulr.504","url":null,"abstract":"Studies employing network analysis to reveal hidden mechanisms in judicial decision making, both in common law as well as civil law countries often use rather vague concepts of ‘importance’ of judicial decisions, concepts that are not always thoroughly explained, tend towards certain relativity and are used together with other similar words [(legal) relevance, (legal) significance…], with or without attempting explanation of these concepts, or relying purely on operationalization. This paper argues that in the context of legal systems that do not recognize a doctrine of precedent this approach is either oversimplified, or even erroneous. It further shows that ‘importance’ of past case-law is essentially a matter of the judge’s choice. Approaching this concept in this manner allows me to show that this choice is explainable within the theoretical framework provided by theories of relevance. This paper focuses on two major approaches to relevance: linguistic pragmatism and information retrieval, and shows that the concept of optimal relevance, as understood by theories of relevance, may serve well as an underlying explanatory framework for answering the question of why judges tend to argue by referring to past case-law even in those legal systems that do not recognize a doctrine of binding precedent.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"39-56"},"PeriodicalIF":0.6,"publicationDate":"2020-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44415733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Is revision of the council of Europe guidelines on electronic evidence already needed? 是否已经需要修订欧洲委员会关于电子证据的指导方针?

IF 0.6

Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.525

Remigijus Jokubauskas, Marek Świerczyński

引用次数: 1