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Guest blogger Rolf Künnemann reports on new directions for cross-border governance and the challenge of realising Extraterritorial Obligations (ETOs) for human rights.

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Human rights and states’ obligations are two sides of the same coin. While states are based on their territories, many of their human rights obligations go beyond borders. These “extraterritorial obligations” are increasingly recognised as essential for human rights to provide the foundations of an international people-based political and legal order.

The ETO movement argues that a focus on human rights beyond borders is key to effectively addressing burning issues like the globalized destruction of ecosystems and the climate, the depletion of resources to the detriment of future generations, the dysfunctional international financie and trade system, the oppression of rural communities, ethnocide, the impunity of transnational corporations, and the human rights accountability of intergovernmental organisations. Read the rest of this entry »

Today is World Water Day; this year operating under the heading “Clean Water for a Healthy World”. Every year since 1995, March 22 has been dedicated to “focusing attention on the importance of freshwater and advocating for the sustainable management of freshwater resources“.

The 2010 events campaign focuses specifically on raising awareness of the importance of water quality for health and human well-being, and the importance of sound water management for preventing pollution.

While that means that this year the World Water Day has no specific focus on the developing world, a global view onto water problems always naturally draws attention to the specific the problems of the developing world, where not only most of the people lacking access to safe drinking water live, where desertification and pollution are worst, and where water-borne diseases are most prevalent – just to give a few examples – but also the technical and financial means for dealing with the causes and consequences of the “water crisis” /1/ are slimmest.

In 2003, the United Nations Economic and Social Council codified a Human Right to Water in its General Comment No. 15, based on the interpretation of the pre-existing International Covenant on Economic, Social and Cultural Rights, which stated:

The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease and to provide for consumption, cooking, personal and domestic hygienic requirements.

Yet, this right remains unclaimable in many poor countries, both as a result of the failure of the international community to support the necessary steps financially, and because of a competing paradigm of “full cost recovery”. This is reason enough to have a cursory look today at the transnational governance and provision systems of water and sanitation for the poor.

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In this entry, I will report not on governance but on a book on governance from a neighbouring discipline that sociologists, organizational scholars and political scientists often ignore – social anthropology:

Sally Engle Merry, 2006. Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago: University of Chicago Press

I found this book interesting and important for a number of reasons. First, I found many parallels to my own work. Second and more important, the book motivates reflecting on the concept of culture and its place in the transnational governance dynamics.

In her book, Sally Engle Merry explores how different actors – both state and nonstate, local and global – translate global norms associated with human rights and gender violence into practices in societies and communities where human rights are nonexistent as a concept and where gender violence is not defined in human rights terms, is considered a part of a national culture and protected as such. Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
June 2023
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