After decades of rejection of direct applicability of Article 11 ICESCR, recognizing among other things the human right to food including water, a District Court in the Netherlands ruled in June 2008 that the provision can be invoked in a court of law. The decision was inspired by a presumed change of tides in politics, when the former Dutch Minister of Foreign Affairs announced that the Netherlands joined the group of countries who recognize the right to water as a human right. In appeal, the decision did not hold, but no judgment was given on the question whether Article 11 ICESCR can indeed be invoked in the courts. There are however no indications that case aw is to be expected that supports the ruling of the District Court in favour of direct applicability of Article 11 ICESCR.
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Climate change and urbanization will increase the frequency and magnitude of urban flooding and water quality problems in many regions of the world. In coastal and delta areas like The Netherlands and the Philippines, where urbanization is often high, there has been an increase in the adoption of sustainable urban drainage systems (SUDS). SUDS are installed around the world with the expectation to reduce urban flooding and reduce the pollution impact on receiving waters. Most cities in Asia are starting to implement SUDS as their strategy to make their cities sustainable and resilient.The combination of SUDS with appropriate wastewater treatment and management systems have the potential to be multifunctional in alleviating flood run-off, improving water quality, alleviating heat stress and as a source for reusing the stormwater and wastewater.Since the earliest SUDS are implemented in Europe decades ago it is advised to use the lessons learnt in this process. International knowledge exchange is promoted in projects as IWASTO where several organisations from the Philippines and The Netherlands join forces on a specific region as the Pateros riverin Manila with the aim to minimise the pollution impact on this receiving water. The first findings of this project related to storm water and wastewater management are presented in this paper. In this stage of the project high level support models that map the challenges in the city (such as flooding and heatstress) arevaluable tools for implementing cost effective sustainable drainage for improving water quality.
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Inland surface water systems are characterized by constant variations in time and space. The increased pressure, of natural or anthropic origin, as a consequence of climate change, population growth and urban development accentuate these changes. Effective water management is key to achieve European waterquality and ecological goals. This is only possible with accurate and extensive knowledge of water systems.The collection of data using platforms such as underwater, water surface or aerial drones is gradually becoming more common and appraised. However, these are not yet standard practice in watermanagement. This work addresses the receptivity of water managers in the Netherlands towards underwater drone technology:· Listing and testing of suitable applications;· Comparison between data requirements of water managers (e.g. legislation) and data thatunderwater drones can provide;· Identification of features should R&D projects focus to increase the interest of the water sector.
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Fresh water systems are rapidly changing and water quality is deteriorating as a result of climate change. Aquatic drones can help us understand these changes - which will be key to tackling water-related challenges ahead.The ideas presented in this article aim to inspire adaptation action – they are the views of the author and do not necessarily reflect those of the Global Center on Adaptation.
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In this book of examples we present possible implementations of straightforward and manageable climate-resilient ideas and options for residential streets. Examples from ordinary Dutch street views show how climate resilience can be implemented with simple solutions and how this does not need to be more costly than traditional measures, particularly in flat areas (such as we often find in the Netherlands). This observation is based on comparative studies across various Dutch cities. We hope that the examples will inspire you to find ways to implementclimate-resilient measures in your city, because the climate is right up your street.
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The need of an adaptive sustainable solution for the increased land scarcity, growing urbanization, climate change and flood risks resulted in the concept of the floating urbanization. In The Netherlands this new type of housing attracted the interest of local authorities, municipalities and water boards. Moreover, plans to incorporate floating houses in the urban planning have already been developed. However, the knowledge gap regarding the potential effect on the water quality halts the further development of the floating houses. This paper shows the results of a water quality measurement campaign, as part of the national program “Knowledge for climate”, at a small floating houses project in Delft and serves as a case study for addressing the environmental-ecological knowledge gap on this topic.
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Large floating projects have the potential to overcome the challenge of land scarcity in urban areas and offer opportunities for energy and food production, or even for creating sustainable living environments. However, they influence the physical, chemical, biological and ecological characteristics of water bodies. The interaction of the floating platforms affect multiple complex aquatic processes, and the potential (negative/positive) effects are not yet fully understood. Managing entities currently struggle with lack of data and knowledge that can support adequate legislation to regulate future projects.In the Netherlands the development of small scale floating projects is already present for some years (e.g. floating houses, restaurants, houseboats), and more recently several large scale floating photovoltaic plants (FPV) have been realized. Several floating constructions in the Netherlands were considered as case-studies for a data-collection campaign.To obtain data and images from underneath floating buildings, underwater drones were equipped with cameras and sensors. The drones were used in multiple locations to scan for differences in concentrations of basic water quality parameters (e.g. dissolved oxygen, electrical conductivity, algae, light intensity) from underneath/near the floating structures, which were then compared with data from locations far from the influence of the buildings. Continuous data was also collected over several days using multi-parameter water quality sensors permanently installed under floating structures.
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This paper explores whether constitutional litigation contributes to sustaining the equity element of the right to health. Equity entails a fair distribution of the burden of healthcare financing across the different socio-economic groups of the population. A shift towards uncontrolled private healthcare provision and financing raises equity challenges by disproportionately benefitting those who are able to afford such services. The extent to which equity is enforced is an indicator of the strength of the right to health. However, do domestic constitutional courts second-guess, based on equity, policy decisions that impact on healthcare financing? Is it the task of constitutional courts to scrutinize such policy decisions? Under what conditions are courts more likely to do so? The paper addresses these questions by focusing on the case of Hungary, where the right to health has been present in the Fundamental Law adopted in 2010 and the Constitutions preceding it. While the Hungarian Constitutional Court has been traditionally cautious to review policy decisions pertaining to healthcare financing, the system has been struggling with equity issues and successive government coalitions have had limited success in tackling these. The paper discusses the role of constitutional litigation in addressing such equity concerns. In doing so, it contributes to the discussion on the role of domestic constitutional courts in the protection of social and economic rights.
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Urban green and shading are adaptation measures that reduce urban heat. This is evident from meteorological measurements and investigations with surveys and has been described in many papers (e.g. Klemm et al., 2015). The cooling effect of these adaptation measures is reflected by lower air temperatures and an improved thermal comfort. Shading and urban green are also experienced as cooler than impervious urban spaces without vegetation or shading. However, the cooling effect of water bodies in cities, such as rivers, lakes, ponds, canals,fountains, is not clear yet (Steeneveld et al., 2014). Several studies show that the cooling effect of water bodies in cities is small, or can even be a source of heat during nighttime. The effect depends on the characteristics of the water body and the meteorological conditions. Nevertheless, water is often mentioned as an adaptation measure to reduce urban heat.To support urban professionals in designing cooler urban environments by using water bodies, we investigated in more detail how different water types in msterdam contribute to cooling the environment. During five summer days, we measured the cooling effect of five different water bodies: a pond, a fountain, a canal, and two rivers. We used measurements from mobile weather stations (air temperature, relative humidity, wind speed, global radiation and globe temperature) and collected almost 1000 surveys near the water bodies and a reference location. From these data, we could determine the effect of the water bodies on air temperature, thermal comfort and thermal sensation. The research question that we tried to answer with this study is: What is the cooling effect of different water types in the city of Amsterdam during hot days? The study has been carried out within the framework of a Dutch research project ‘Urban climate resilience – Turning climate adaptation into practice’ and supports urban professionals to decide on the right adaptation measures to reduce urban heat.
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In this article, Isaac argues that since 1948, Israel's control of water resources has been the result of military actions that forced between 700,000 and 800,000 Palestinians into exile and claimed the most fertile part of the disputed territory for the state. It thereby paved the way for subsequent military occupation. Isaac maintains that the Israeli occupation has violated the Palestinian right to the equitable and reasonable utilization of shared water resources. In his view, from the end of the 1967 war, Israel initiated its occupation of the territories of Palestine and quickly imposed military order with a view to achieving full control over land and water resources. To Isaac, these military orders served to dissolve the pre-1967 legal systems and which consisted of Ottoman, British, Jordanian (West Bank) and Egyptian (Gaza Strip) laws. This critical review article concentrates on the concept of justice tourism as a response to these assumed Israeli violations of Palestinian rights to equitable and reasonable utilization of shared water resources. The article sheds light on why and how justice tourism conceivably contributes to the Palestine host communities' transformation and hence to the development of higher level self-consciousness about their rights as "a sovereign nation".
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