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Who Bells the Cat? Human Rights Obligations of Water Transnational's

By: Contributor(s): Publication details: Bangalore NLSIU 2013Description: 164pOnline resources:
Contents:
TABLE OF CONTENTS- Declaration; Certificate; Acknowledgment; Synopsis; Outline; Table of Contents; List of Abbreviations; Introduction; 1.1 Status of Water in the Indian Society; 1.2 Water Scarcity in Delhi; 1.3 Institutional Mechanism - Delhi Jal Board (DJB); 1.4 Water Policy; 1.4.1 National Water Policy (NWP) 2002; 1.4.2. Draft National Water Policy (DNWP) 2012; 1 .5 Raison d'etre for Privatization; 1.5.1 Unbalanced Financial Outlays by the Governments - Centre and State; 1.5.2 Other Reasons Forwarded; 1.6 Water Giants; 1.7 Water Transnational's and the Third World Development; 2 Construct of Human Right to Water; 2.1 Transition from Water being an Economic Good to recognising the Human Right to Water; 2.2 Conceptual ising the Right to Water at the International Plane; 2.3 Existing Recognition at the Indian level ; A. Contribution of the Courts; B. Legislative framework ; C. Administrative directions ; 2.4 Human Rights based approach to Development ; Transnational Corporations and Human Rights Obligations ; 3.1 Defining TNC's - Business without Borders ; 3.2 Ascertaining Rights and Duties of TNCs ; 3.3 "Norms" in Place ; 3.3.1. UDHR; 3.3.2. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights; 3.3. 3. The OECD Guidelines for Multinational Enterprises; 3.3.4. The ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy 3.4. Regulation of TNC's; 3.4. 1. The responsibility of States in controlling transnational corporations; 3.4.2. Self-regulation of transnational corporations ; 3.4.3. Direct liability of transnational corporations under international law; 3.4.4. Incentivizing Socially Responsible Corporate Conduct; 3.5 Accountability Mechanisms; 3. 5. 1. Legal duties: existing, potential and proposed (Hard Law); 3.5. 2. Quasi-legal regulatory regimes (Soft Law); 3.5.3. Voluntarily acceded to, or self-regulatory, codes of conduct; 3.5.4. Corporate Social Responsibility; 4 International Financial Institutions and their influence on Privatization; 4.1 The World Bank; 4.2 Asian Development Bank (ADB); 4.3 Bilateral and Multilateral Donor Agencies; 4.4 GATS, WTO and Water; 4.5 IFls - Conditionality's and Dominance; 4.5.1 IFls and their Conditionality's; 4.5.2 Dominant position of the IFls 105; 4.6 Is the World Facing a Repackaging of Private Sector Participation (PSP) through PPP's?; 5 Case Study - Delhi Water Privatization Plan; 5.1 Demographic Representation of Delhi; 5.2 Sources of Water; 5.2.1 Access to Drinking Water; 5.2.2 Water Price Hike; 5.3 Privatization of Delhi Jal Board and its Impacts felt; 5.3.1 Genesis of Privatisation of DJB; 5.3.2 First Phase - World Bank's Loan for Delhi Water Supply and Sewage Project (DWSSP); 5.3.3 Selection of Price Waterhouse Cooper (PWC) as Consultant; 5.3.4 World Bank - Price Waterhouse Cooper Linkage; 5.3. 5 Prelude to 24n Water; 5.3.6 Key Questions that arise; 6 Conclusions; 5.3.6.1. A. Is there really a water shortage in Delhi?; 5.3.6.1. B Dependence on distant sources leads to water losses; 5.3.6.1. C Why nothing is done to address water losses; 5.3.6.2. Flawed Logic of Improving Water Efficiency by Privatization; 5.3.6.2. A What is Non Revenue Water (NRW)? ; 5.3.6.2 .B Theft of water; 5.3.6.2.C Water shortages yet promises of a twenty-four hour supply?; 5.3.6.3. Can the private sector bring more water for the poor?; 5.3.6.4. Other Impacts of Privatization; 7 Options and Alternatives; 8 Bibliography; 9 Annexure.
Summary: Human Rights Obligations - Water Transactional's International Financial Institutions Privatization of Water - Delhi
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TABLE OF CONTENTS-
Declaration;
Certificate;
Acknowledgment;
Synopsis;
Outline;
Table of Contents;
List of Abbreviations;
Introduction;
1.1 Status of Water in the Indian Society;
1.2 Water Scarcity in Delhi;
1.3 Institutional Mechanism - Delhi Jal Board (DJB);
1.4 Water Policy;
1.4.1 National Water Policy (NWP) 2002;
1.4.2. Draft National Water Policy (DNWP) 2012;
1 .5 Raison d'etre for Privatization;
1.5.1 Unbalanced Financial Outlays by the Governments - Centre and State;
1.5.2 Other Reasons Forwarded;
1.6 Water Giants;
1.7 Water Transnational's and the Third World Development;
2 Construct of Human Right to Water;
2.1 Transition from Water being an Economic Good to recognising the Human Right to Water;
2.2 Conceptual ising the Right to Water at the International Plane;
2.3 Existing Recognition at the Indian level ;
A. Contribution of the Courts;
B. Legislative framework ;
C. Administrative directions ;
2.4 Human Rights based approach to Development ;
Transnational Corporations and Human Rights Obligations ;
3.1 Defining TNC's - Business without Borders ;
3.2 Ascertaining Rights and Duties of TNCs ;
3.3 "Norms" in Place ;
3.3.1. UDHR;
3.3.2. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights;
3.3. 3. The OECD Guidelines for Multinational Enterprises;
3.3.4. The ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy
3.4. Regulation of TNC's;
3.4. 1. The responsibility of States in controlling transnational corporations;
3.4.2. Self-regulation of transnational corporations ;
3.4.3. Direct liability of transnational corporations under international law;
3.4.4. Incentivizing Socially Responsible Corporate Conduct;
3.5 Accountability Mechanisms;
3. 5. 1. Legal duties: existing, potential and proposed (Hard Law);
3.5. 2. Quasi-legal regulatory regimes (Soft Law);
3.5.3. Voluntarily acceded to, or self-regulatory, codes of conduct;
3.5.4. Corporate Social Responsibility;
4 International Financial Institutions and their influence on Privatization;
4.1 The World Bank;
4.2 Asian Development Bank (ADB);
4.3 Bilateral and Multilateral Donor Agencies;
4.4 GATS, WTO and Water;
4.5 IFls - Conditionality's and Dominance;
4.5.1 IFls and their Conditionality's;
4.5.2 Dominant position of the IFls 105;
4.6 Is the World Facing a Repackaging of Private Sector Participation (PSP) through PPP's?;
5 Case Study - Delhi Water Privatization Plan;
5.1 Demographic Representation of Delhi;
5.2 Sources of Water;
5.2.1 Access to Drinking Water;
5.2.2 Water Price Hike;
5.3 Privatization of Delhi Jal Board and its Impacts felt;
5.3.1 Genesis of Privatisation of DJB;
5.3.2 First Phase - World Bank's Loan for Delhi Water Supply and Sewage Project (DWSSP);
5.3.3 Selection of Price Waterhouse Cooper (PWC) as Consultant;
5.3.4 World Bank - Price Waterhouse Cooper Linkage;
5.3. 5 Prelude to 24n Water;
5.3.6 Key Questions that arise;
6 Conclusions;
5.3.6.1. A. Is there really a water shortage in Delhi?;
5.3.6.1. B Dependence on distant sources leads to water losses;
5.3.6.1. C Why nothing is done to address water losses;
5.3.6.2. Flawed Logic of Improving Water Efficiency by Privatization;
5.3.6.2. A What is Non Revenue Water (NRW)? ;
5.3.6.2 .B Theft of water;
5.3.6.2.C Water shortages yet promises of a twenty-four hour supply?;
5.3.6.3. Can the private sector bring more water for the poor?;
5.3.6.4. Other Impacts of Privatization;
7 Options and Alternatives;
8 Bibliography;
9 Annexure.

Human Rights Obligations - Water Transactional's International Financial Institutions Privatization of Water - Delhi