Issues In Water Law Reform

Author : Joseph W. Dellapenna,Gupta Joyeeta
Publisher : Springer Science & Business Media
Page : 414 pages
File Size : 52,9 Mb
Release : 2009-04-21
Category : Law
ISBN : 9781402098673

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The Evolution of the Law and Politics of Water by Joseph W. Dellapenna,Gupta Joyeeta Pdf

According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.

Author : Anonim
Publisher : Food & Agriculture Org.
Page : 212 pages
File Size : 55,7 Mb
Release : 1999
Category : Business & Economics
ISBN : 9251042527

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Issues in Water Law Reform by Anonim Pdf

Author : Sarah Hendry
Publisher : Cambridge University Press
Page : 149 pages
File Size : 54,7 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107012301

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Frameworks for Water Law Reform by Sarah Hendry Pdf

This book develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.

Author : Min Jiang
Publisher : Springer
Page : 243 pages
File Size : 48,8 Mb
Release : 2017-09-27
Category : Law
ISBN : 9783319670874

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Towards Tradable Water Rights by Min Jiang Pdf

This book provides a first comprehensive legal examination of water rights arrangements and water rights trading in China. Although recent water reform in China has made substantial progress in policy development and practice, how its legal and institutional framework facilitates or hinders the application of tradable water rights remains less addressed in the existing scholarship. Against the backdrop of China’s water reform and the wider international debate in water governance, this book aims to provide an innovative approach to the complex issue of water governance by critically analysing the recent legal and policy developments in China towards tradable water rights. It examines the deficiencies of the current systems for water rights arrangements and trading, explores how China may learn from and build on the international trends in water rights trading practice (mainly Australia and the US), and proposes legal and policy frameworks for defining and administering tradable water rights in China that underpin sustainable water use in the face of exacerbated water scarcity, variability, and uncertainty. All in all, the book proposes pragmatic strategies for China’s water law and policy reform to move towards tradable water rights, which encompasses a comprehensive prescription from initialising and defining tradable water rights to administering water rights and trading. By reflecting on the deepening water reforms in both China and other jurisdictions, the book aims to contribute to the international water governance debate by exploring from a legal and policy perspective, how China, comparative to other cases around the world, can find a balanced combination of water allocation mechanisms to address its water challenges. It is hoped that the observations and proposed implications for China’s water reform will contribute to developing a better understanding of the way in which experiences in water markets can be shared from jurisdiction to jurisdiction.

Author : Philippe Cullet,Alix Gowlland-Gualtieri,Roopa Madhav,Usha Ramanathan
Publisher : Routledge
Page : 353 pages
File Size : 44,7 Mb
Release : 2009-10-27
Category : Law
ISBN : 9781135244811

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Water Law for the Twenty-First Century by Philippe Cullet,Alix Gowlland-Gualtieri,Roopa Madhav,Usha Ramanathan Pdf

This volume critically analyses legal issues arising under international law, concerning the consequences of proposed water regulatory changes and their implementation. The book looks at reforms in India in order to ask broader questions about the relevance of international law in national law and policy making.

Author : Stephen Hodgson,Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 136 pages
File Size : 46,7 Mb
Release : 2006
Category : Law
ISBN : 9251056242

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Modern Water Rights by Stephen Hodgson,Food and Agriculture Organization of the United Nations Pdf

The vital importance of water to human activity is such that most societies and cultures have sought to establish legal rules over its use and allocation. In most jurisdictions legal rights to water have been linked to land tenure and ownership rights. A number of countries have recently undertaken substantive water law reforms, usually involving the introduction of formal and explicit water rights that clearly specify the volume of water that is subject to each right ("modern water rights"), together with institutional arrangements for their allocation, registration, monitoring and enforcement. Modern water rights are not intrinsically tied to specific land plots, are often transferable and available to be traded on a temporary or permament basis. This book reviews international experiences of the introduction and use of modern water rights. It is based on a survey of relevant primary and secondary legislation, published literature, internet sources and practical experience.

Author : Bryan Randolph Bruns,Claudia Ringler,Ruth Suseela Meinzen-Dick
Publisher : Intl Food Policy Res Inst
Page : 360 pages
File Size : 42,8 Mb
Release : 2005-01-01
Category : Law
ISBN : 9780896297494

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Water Rights Reform by Bryan Randolph Bruns,Claudia Ringler,Ruth Suseela Meinzen-Dick Pdf

"Rights to water are increasingly crucial and increasingly contested across theglobe. Urbanization, industrialization, environmental degradation, agriculturalintensification, rising per capita water use, increasing population, andother social, political, and economic transformations contribute to growing scarcity and demand for better management of water resources. In responding to these challenges, the world can draw on a rich heritage of institutions for regulating rights to water and resolving disputes, and a diversity of institutional arrangements that demonstrate great ingenuity in designing solutions to fit the conditions and priorities of various river basins. However, policy discussion in water management has often been impoverished by narrow polarization around a few idealized models of centrally integrated management or water commoditization, even though these comprise only a small and very incomplete subset of the institutional options available for effective management. The authors in this book expand the range of reflection and analysis of water rights reforms, offering insights aimed especially at those seeking practical pathways to improve equity, efficiency, and sustainability in access to water."

Author : Cameron Holley,Darren Sinclair
Publisher : Springer
Page : 298 pages
File Size : 53,8 Mb
Release : 2018-04-27
Category : Law
ISBN : 9789811089770

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Reforming Water Law and Governance by Cameron Holley,Darren Sinclair Pdf

This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Dante A. Caponera,Marcella Nanni
Publisher : Routledge
Page : 370 pages
File Size : 53,5 Mb
Release : 2019-05-03
Category : Law
ISBN : 9780429879432

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Principles of Water Law and Administration by Dante A. Caponera,Marcella Nanni Pdf

This book, which was first published in 1992 and then updated in 2007, provides a tool for dealing with the legal and institutional aspects of water resources management within national contexts and at the level of transboundary water resources. Like its two previous editions, it seeks to cover all aspects that need to be known in order to attain good water governance, but it provides updates concerning developments since 2007. These relate, inter alia, to the following: - the “greening” of water law, which calls for the progressive integration of environmental law principles into domestic and international water law; - the adoption, by the International Law Commission in 2008, of the Draft Articles on the Law of Transboundary Aquifers, and subsequent developments; - the emergence of the right to water as a self-standing human right; - the adoption of domestic water laws supporting integrated water resources management (IWRM) and enhanced public participation in planning and decision making; - the integration into these laws of tools facilitating adaptive water management as a response to climate variability and change; - progress in the implementation of EU law; - recent international agreements and judicial decisions; - efforts of regional organizations other than the EU to steer cooperation in the management of transboundary water resources and the harmonization of national laws; - institutional mechanisms for the management of transboundary water resources (surface and underground). Unique in its scope and nature, the book identifies the legal and institutional issues arising in connection with water resources management and provides guidelines for possible solutions in a manner accessible to a wide range of readers. Thus, it is a useful reference for lawyers and non-lawyers — engineers, hydrologists, hydrogeologists, economists, sociologists — dealing with water resources within government institutions, river basin commissions, international organizations, financing institutions and academic institutions, among other things, and also for students of disciplines related to water resources.

Author : Mara Tignino,Raya Marina Stephan,Renée Martin-Nagle,Owen McIntyre
Publisher : Routledge
Page : 171 pages
File Size : 51,5 Mb
Release : 2020-05-21
Category : Nature
ISBN : 9781000730418

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Legal Perspectives on Bridging Science and Policy by Mara Tignino,Raya Marina Stephan,Renée Martin-Nagle,Owen McIntyre Pdf

Legal Perspectives on Bridging Science and Policy deals with the interaction of science and policy from a legal perspective. Expert contributors outline the role of law in water management and suggest solutions to make laws flexible and adaptive to changes in scientific knowledge and environmental, social and economic conditions. Each chapter addresses the topic with a different focus and offers an in-depth analysis of legal challenges related to the creation of interdisciplinary bridges, clarifying how science may be assimilated into decision-making processes and can thereby contribute to build evidence-based policies. Legal Perspectives on Bridging Science and Policy will be of great interest to scholars of water law, water governance and environmental law. This book was originally published in the journal Water International, as a special issue prepared by the International Association for Water Law (known as AIDA from its Spanish acronym https://www.aida-waterlaw.org), gathering selected papers dealing with law and governance from the XVI World Water Congress of the International Water Resources Association (IWRA) (2017).

Author : Erkki J. Hollo
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 47,7 Mb
Release : 2017-11-24
Category : Electronic
ISBN : 9781785369834

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Water Resource Management and the Law by Erkki J. Hollo Pdf

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.

Author : Barbara C. P. Koppen,Mark Giordano,John Butterworth
Publisher : CABI
Page : 300 pages
File Size : 52,9 Mb
Release : 2007
Category : Law
ISBN : 9781845933272

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Community-based Water Law and Water Resource Management Reform in Developing Countries by Barbara C. P. Koppen,Mark Giordano,John Butterworth Pdf

The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.

Author : Philippe Cullet
Publisher : Cambridge India
Page : 572 pages
File Size : 40,7 Mb
Release : 2010
Category : Water
ISBN : 9788175966345

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Water Governance in Motion by Philippe Cullet Pdf

"Water Governance in Motion: Towards Socially and Environmentally Sustainable Water Laws" focuses on the work undertaken by International Environmental Law Research Centre IELRC on water law reforms in India. It seeks to provide a broader understanding of the conceptual framework informing existing water law and ongoing reforms. The book is divided into two parts. The first part critically analyses the context of international law for water reforms and the second part discusses the multifaceted aspects of water sector reforms in India. It assembles in one volume the contributions made by a broad range of scholars working on various law and policy issues arising in the context of water sector reforms in India. The contributions have been specifically selected in order to address the wide range of issues including water distribution to households, irrigation, industrial use and wastewater treatment. These questions are dealt with from a range of perspectives including human rights, environment, agriculture, development and trade. The book would be of interest to academia, researchers, NGOs and policy-makers.

Author : Alistair Rieu-Clarke,Andrew Allan,Sarah Hendry
Publisher : Routledge
Page : 542 pages
File Size : 51,6 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781317309123

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Routledge Handbook of Water Law and Policy by Alistair Rieu-Clarke,Andrew Allan,Sarah Hendry Pdf

Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance. The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.

Author : Philippe Cullet
Publisher : Oxford University Press
Page : 256 pages
File Size : 51,5 Mb
Release : 2009-07-16
Category : Business & Economics
ISBN : 9780199546237

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Water Law, Poverty, and Development by Philippe Cullet Pdf

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource. Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries. This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.