The Regulatory Implications of the Right to Water: Small-Scale and Independent Water Providers in Ethiopia and Kenya

21 Pages Posted: 12 Sep 2010 Last revised: 30 Dec 2018

See all articles by Mulugeta Mengist Ayalew

Mulugeta Mengist Ayalew

African Climate Policy Center (ACPC), UNECA

Rosalind Malcolm

Environmental Regulatory Research Group, School of Law, University of Surrey

Lorna Okotto

University of Surrey

Steve Pedley

University of Surrey

Jonathan Chenoweth

University of Surrey

Yacob Mulugetta

University of Surrey

Multiple version iconThere are 2 versions of this paper

Date Written: September 8, 2010

Abstract

Small-scale and independent water providers serve up to fifty percent of the population in urban centers in many of the developing and less developed countries. However, they remain largely unrecognized and unregulated. This article argues, based on the public interest theory and two case studies of the price and quality of water by small-scale providers, that there is a compelling case for regulation of small-scale water provision. The human right to water imposes an obligation on states to regulate small-scale water supply market. It also means that governments should avoid regulation which does not have support in public interest theory and empirical facts as this might constitute violation of the right to water.

Keywords: Small-Scale Water Providers, Price and Safety Regulation, Duty to Regulate, Human Right to Water

Suggested Citation

Ayalew, Mulugeta Mengist and Malcolm, Rosalind and Okotto, Lorna and Pedley, Steve and Chenoweth, Jonathan and Mulugetta, Yacob, The Regulatory Implications of the Right to Water: Small-Scale and Independent Water Providers in Ethiopia and Kenya (September 8, 2010). OIDA International Journal of Sustainable Development, Vol. 1, No. 8, pp. 43-63, 2010, Available at SSRN: https://ssrn.com/abstract=1675266

Mulugeta Mengist Ayalew (Contact Author)

African Climate Policy Center (ACPC), UNECA ( email )

Ethiopia

Rosalind Malcolm

Environmental Regulatory Research Group, School of Law, University of Surrey ( email )

Guildford, Surrey GU2 7XH
United Kingdom

Lorna Okotto

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

Steve Pedley

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

Jonathan Chenoweth

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

Yacob Mulugetta

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

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