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Full-Text Articles in Law

A Global Water Apartheid: From Revelation To Resolution, Itzchak Kornfeld Jan 2010

A Global Water Apartheid: From Revelation To Resolution, Itzchak Kornfeld

Vanderbilt Journal of Transnational Law

It is well settled in international human rights law that a human right to water exists. Nevertheless, to date, there has been little scholarship about what the practical contours of the right should be. If legal tools are to benefit the world's poor and disenfranchised, they cannot be void due to the impossibility of implementation. This is the problem with the purported human right to water: it is quixotic.

This Article proposes a pragmatic solution to the potable water problem for the world's poor. The solution offered here is based on a model of privatized access to water grounded in …


In Search Of An “Action Principle”, Patrick J. Glen Jan 2010

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …


Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman Jan 2010

Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman

Human Rights Brief

No abstract provided.