Milan Palević, LLD*

Milan Rapajić, LLM**

RIGHT TO WATER AS A HUMAN RIGHT AND ADMINISTRATIVE-LEGAL REGULATION IN SERBIA

Summary

In this paper, the authors touch upon two linked themes of the right to water as a human right and water management in Serbia. It is the meeting point of two legal discipline - Public International Law and Administrative Law. The right to water as a human right has not been recognized in most international documents as an independent human right. This right is derived from other human rights, such as from the right to health and the right to an adequate standard of living. However in certain conventions and resolutions of the United Nations the right to water is explicitly protected as a special human right. As one of the last examples of such normative activities at the international level according to UN General Assembly of the United Nations "The human right to water and sanitation" in 2010, as well as the Resolution of the UN Human Rights," The human right to safe drinking water and sanitary conditions "in 2013. The paper also analyzes the economic and legal aspects of water services (water treatment as well as investments) and points to their abuse. Adequate water management is one of the most important tasks that part of the administration which is responsible for water management. The article is therefore carried review on some decisions of the Water Act in the Republic of Serbia. The authors advocate for the recognition of the right to water as a separate human right. Therefore, it is proposed the adoption of the UN Convention on water and amendments of the Constitution on the basis that the right to water, given the status of independent rights.

Key words: the right to water as a human right; Natural Resources; Water as an investment; water management

 

 



* Associate Professor at the Faculty of Law, University of Kragujevac

** Assistant at the Faculty of Law, University of Kragujevac