Trans-jurisdictional Water Law and Governance

Trans-jurisdictional Water Law and Governance
Author: Janice Gray
Publisher: Routledge
Total Pages: 324
Release: 2016-06-23
Genre: Law
ISBN: 131740114X

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Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.

Inter-state Water Law in the United States of America

Inter-state Water Law in the United States of America
Author: Rhett Larson
Publisher: BRILL
Total Pages: 88
Release: 2017-09-18
Genre: Law
ISBN: 9004357645

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In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, Rhett Larson offers lessons for international water law based on the successes and failures of inter-state water apportionment in the United State of America.

The Evolution of the Law and Politics of Water

The Evolution of the Law and Politics of Water
Author: Joseph W. Dellapenna
Publisher: Springer Science & Business Media
Total Pages: 414
Release: 2009-04-21
Genre: Law
ISBN: 1402098677

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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.

Water Law & Policy

Water Law & Policy
Author: Elli Louka
Publisher: Oxford University Press
Total Pages: 463
Release: 2008
Genre: Law
ISBN: 0195374134

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Water Law and Policy examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. This is the only overall assessment of the development and evolution of European Water Law and Policy. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, EU level, and globally. Water is one of the most mismanaged natural resources. Failed water management policies and fragmented water management institutions can have catastrophic results, including both flooding and water scarcity. Dr. Elli Louka's book provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.

Reforming Water Law and Governance

Reforming Water Law and Governance
Author: Cameron Holley
Publisher: Springer
Total Pages: 298
Release: 2018-04-27
Genre: Law
ISBN: 9811089779

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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.

New Perspectives on Transboundary Water Governance

New Perspectives on Transboundary Water Governance
Author: Luis Paulo Batista da Silva
Publisher: Taylor & Francis
Total Pages: 150
Release: 2023-12-18
Genre: Nature
ISBN: 1003829627

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This book presents a novel examination of transboundary water governance, drawing on global case studies and applying new theoretical approaches. Excessive consumption and degradation of natural resources can either heighten the risks of conflicts or encourage cooperation within and among countries, and this is particularly pertinent to the governance of water. This book fills a lacuna by providing an interdisciplinary examination of transboundary water governance, presenting a range of novel and emerging theoretical approaches. Acknowledging that issues vary across different regions, the book provides a global view from South and Central America, Africa, Asia, and the Middle East, with the case studies offering civil society and public managers concrete situations that indicate difficulties and successes in water sharing between bordering countries. The volume highlights the links between natural resources, political geography, international politics, and development, with chapters delving into the role of paradiplomacy, the challenges of climate change adaptation, and the interconnections between aquifers and international development. With rising demand for water in the face of climate change, this book aims to stimulate further theoretical, conceptual, and methodological debate in the field of transboundary water governance to ensure peaceful and fair access to shared water resources. This book will be of interest to students and scholars of water resource governance from a wide variety of disciplines, including geography, international relations, global development, and law. It will also be of interest to professionals and policymakers working on natural resource governance and international cooperation.

Practical Panarchy for Adaptive Water Governance

Practical Panarchy for Adaptive Water Governance
Author: Barbara Cosens
Publisher: Springer
Total Pages: 322
Release: 2018-04-18
Genre: Law
ISBN: 331972472X

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This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array public and private arrangements. In this process, three challenges emerge for water governance to become adaptive to environmental change. First, is the need for legal reform to remove barriers to adaptive governance by authorizing government agencies to prepare for windows of opportunity through adaptive planning, and to institutionalize the results of innovative solutions that arise once a window opens. Second, is the need for legal reform to give government agencies the authority to facilitate and participate in adaptive management and governance. This must be accompanied by parallel legal reform to assure that engagement of private and economic actors and the increase in governmental flexibility does not destabilize basin economies or come at the expense of legitimacy, accountability, equity, and justice. Third, development of means to continually assess thresholds and resilience of social-ecological systems and the adaptive capacity of their current governance to structure actions at multiple scales. The massive investment in water infrastructure on the river basins studied has improved the agricultural, urban and economic sectors, largely at the cost of other social and environmental values. Today the infrastructure is aging and in need of substantial investment for those benefits to continue and adapt to ongoing environmental changes. The renewal of institutions and heavily engineered water systems also presents the opportunity to modernize these systems to address inequity and align with the values and objectives of the 21st century. Creative approaches are needed to transform and modernize water governance that increases the capacity of these water-based social-ecological systems to innovate, adapt, and learn, will provide the tools needed to navigate an uncertain future.

Water Governance in Motion

Water Governance in Motion
Author: Philippe Cullet
Publisher: Cambridge India
Total Pages: 572
Release: 2010
Genre: Water
ISBN: 8175966343

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"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.

Exploring Factors that Constrain and Enable Sustainable Transboundary Water Governance in the Mackenzie River Basin

Exploring Factors that Constrain and Enable Sustainable Transboundary Water Governance in the Mackenzie River Basin
Author: Michelle Morris
Publisher:
Total Pages: 192
Release: 2016
Genre: Mackenzie River Basin (N.W.T.)
ISBN:

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Governance of transboundary water systems is complicated by factors such as institutional fragmentation, social and environmental change, competing values for and uses of water and power dynamics. These challenges exist in both international and federal transboundary contexts, although much of the scholarly attention has been on international transboundary watersheds. Sustainable transboundary water governance is an important goal given the fact that freshwater ecosystems are among the most rapidly degrading in the world. Governance, the ways in which decisions are made and implemented, can have a critical role to enable sustainability in transboundary watersheds. Many analyses of transboundary water systems provide only partial accounts of transboundary water governance because they focus primarily on the roles of governments and interjurisdictional institutions. Furthermore, analyses of federal transboundary water systems have not satisfactorily considered the role of power dynamics as possible constraints on transboundary water governance. Appreciation of the full complexity of transboundary water governance, and factors that constrain and enable sustainable transboundary water governance, requires considering governance processes at multiple levels and the variety of actors that may be involved therein. A power-analysis can facilitate consideration of which interests are advantaged in various governance processes that have implications for sustainable transboundary water governance. The purpose of this study is to explore factors that constrain and enable sustainable transboundary water governance in a federal transboundary water system. Explicitly assessing multi-level governance processes, and the ways in which power dynamics impact them, facilitates a consideration of their roles and contribution to transboundary water governance. This study's purpose is achieved via the following objectives: 1) identify the jurisdictional levels at which federal transboundary water governance takes place in the Mackenzie River Basin, (MRB), Canada; 2) consider the design and performance of an interjurisdictional river basin organization (RBO) in the MRB; 3) determine the ways in which power dynamics impact a) collaboration and b) water use decisions within jurisdictions in the MRB; and 4) assess the role and contribution of a) an RBO, b) collaboration and c) water use decisions within jurisdictions to transboundary water governance within the MRB.