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Document Type

Note

Publication Date

Summer 2012

Publication Citation

19 Indiana Journal of Global Legal Studies 599 (2012)

Abstract

Human rights and environmental protection are two often overlapping bodies of law, each of which by their nature seeks to take priority over other applicable law. For this reason, these two bodies of law often find themselves in tension with one another. This Note aims to illustrate the tension between human rights and environmental protection in the context of the recent push for a codified human right to water. My thesis is that ideally these two bodies of law should balance each other out-a human right to water would be subject to environmental safeguards, and, likewise, conservation efforts would be subject to human rights concerns-but when this balancing does not occur the consequences would be potentially severe.

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