Operationalising Hybrid Water Law For Historical Justice
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Water is one of the most important natural resources of the global environment, yet the legal system has had particular difficulties in coping with water as a natural resource. This title examines water law in the Australian context. It provides a highly readable survey of the many and varied aspects of water law in all jurisdictions.
Groundwater Law and Management in India by Sarfaraz Ahmed Khan,Tony George Puthucherril,Sanu Rani Paul Pdf
This book presents a comprehensive analysis of the existing nature of India’s groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the “elitist” and the “egalitarian.” The book’s fundamental premise is that despite being an extraordinarily critical resource that supports India’s burgeoning population’s ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book’s introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management–Inter-state Water Conflicts–Aquifers–Water Markets–Water Security–Water Law Reform–Groundwater Law–Water Law–Sustainable Development–Hydrology
Water Justice by Rutgerd Boelens,Tom Perreault,Jeroen Vos Pdf
An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.
Implementing the Water-Energy-Food- Ecosystems Nexus and Achieving the Sustainable Development Goals by Cesar Carmona-Moreno,E. Crestaz,Y. Cimmarrusti,F. Farinosi,M. Biedler,A. Amani,A. Mishra,A. Carmona-Gutierrez Pdf
The book’s primary intention is to serve as a roadmap for professionals working in developing countries interested in the Nexus Water-Energy-Food-Ecosystems (WEFE) approach. The book shows a multi-disciplinary approach, showcasing the importance of the proper use of Nexus WEFE when implementing certain development programs in regions around the globe. It can be presented as a manual for an individual that either wishes to implement intervention projects following the NEXUS approach or students interested in cooperation and development. The book begins with a general explanation of the theoretical concepts and implementation processes of Nexus WEFE and continues getting into case studies, explaining the importance of proper implementation and potential drawbacks and solutions to them. This book has a particular focus on the European Union cooperation policies when implementing such an approach in developing countries.
The Oxford Handbook of the Responsibility to Protect by Alex Bellamy,Tim Dunne Pdf
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
Restorative Justice Theory and Practice by Theo Gavrielides Pdf
A study examines the harmful gap between the theory of restorative justice (RJ) and its application in programs in the U.S., Europe, and elsewhere. Data were obtained from four surveys of restorative justice practitioners, using a combination of qualitative methodologies, including questionnaire responses, interviews and focus groups.
Water is Life by Anne Hellum,Patricia Kameri-Mbote Pdf
This book approached water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations of water and sanitation respond to the ways in which different groups of rural and urban women gain access to water for personal, domestic and livelihood purposes. The authors, who are lawyers, sociologists, political scientists and anthropologists, explore how women cope in contexts where they lack secure rights, and participation in water governance institutions, formal and informal. The research shows how women - as producers of family food - rely on water from multiple sources that are governed by community based norms and institutions which recognise the right to water for livelihood. How these common pool water resources - due to protection gaps in both international and national law - are threatened by large-scale development and commercialisation initiatives, facilitated through national permit systems, is a key concern. The studies demonstrate that existing water governance structures lack mechanisms which make them accountable to poor and vulnerable water users on the ground, most importantly women. The findings thus underscore the need to intensify measures to hold states accountable, not just in water services provision, but in assuring the basic human right to clean drinking water and sanitation; and also to protect water for livelihoods.
Making the radical argument that the nation-state was born of colonialism, this book calls us to rethink political violence and reimagine political community beyond majorities and minorities. In this genealogy of political modernity, Mahmood Mamdani argues that the nation-state and the colonial state created each other. In case after case around the globe—from the New World to South Africa, Israel to Germany to Sudan—the colonial state and the nation-state have been mutually constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. The model emerged in North America, where genocide and internment on reservations created both a permanent native underclass and the physical and ideological spaces in which new immigrant identities crystallized as a settler nation. In Europe, this template would be used by the Nazis to address the Jewish Question, and after the fall of the Third Reich, by the Allies to redraw the boundaries of Eastern Europe’s nation-states, cleansing them of their minorities. After Nuremberg the template was used to preserve the idea of the Jews as a separate nation. By establishing Israel through the minoritization of Palestinian Arabs, Zionist settlers followed the North American example. The result has been another cycle of violence. Neither Settler nor Native offers a vision for arresting this historical process. Mamdani rejects the “criminal” solution attempted at Nuremberg, which held individual perpetrators responsible without questioning Nazism as a political project and thus the violence of the nation-state itself. Instead, political violence demands political solutions: not criminal justice for perpetrators but a rethinking of the political community for all survivors—victims, perpetrators, bystanders, beneficiaries—based on common residence and the commitment to build a common future without the permanent political identities of settler and native. Mamdani points to the anti-apartheid struggle in South Africa as an unfinished project, seeking a state without a nation.
Pursuing Good Governance by Hugh Corder,Justice Mavedzenge Pdf
"In the age of democratic constitutional government, every citizen expects to be treated fairly by the public administration. Constitutions adopted after 1990 have increasingly contained provisions that oblige the public administration to act lawfully, reasonably and procedurally fairly, and frequently grant citizens the legal right to seek review of administrative action affecting them. Southern African nations have led the way in this movement, closely followed by those in east Africa. This book brings together critical accounts of the development of the broad administrative justice landscape in seven national jurisdictions located in these regions. It does this by analysing trends in the review authority and practice of the superior courts, as well as significant developments in non-judicial monitoring institutions, such as ombuds offices, human rights commissions, and mechanisms to access official information."--Back cover.
Wellbeing, Freedom and Social Justice by Ingrid Robeyns Pdf
How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpretation, arguing that by appreciating the distinction between the general capability approach and more specific capability theories or applications we can create a powerful and flexible tool for use in a variety of academic disciplines and fields of policymaking. This book provides an original and comprehensive account that will appeal to scholars of the capability approach, new readers looking for an interdisciplinary introduction, and those interested in theories of justice, human rights, basic needs, and the human development approach.
