The Human Right to Water and Unconventional Energy

Palmer, Robert; Short, Damien and Auch, Ted (2019). The Human Right to Water and Unconventional Energy. In: Buono, Regina M.; López Gunn, Elena; McKay, Jennifer and Staddon, Chad eds. Regulating Water Security in Unconventional Oil and Gas. Water Security in a New World. Cham: Springer, pp. 39–67.

DOI: https://doi.org/10.1007/978-3-030-18342-4_3

Abstract

Hydraulic fracturing for oil and gas is an emotive subject, generating passionate arguments both pro and con. Some scholars argue that a ‘human right to water’ (HRW) approach could usefully enshrine in law the priority of human needs over industrial uses, in hydraulic fracturing and other sectors. This chapter explores the existing status of the HRW in international law and in the constitutions and statutes of some nations around the world. It appears that attempts to link struggles over HF’s impact on water resources with the HRW have so far foundered on a lack of clear unambiguous HRW declarations that can be tried in courts of law.

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