Description
Book SynopsisThis volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources.
Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues.
This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.
Trade Review‘This encyclopedia is a landmark reference work that systematically and comprehensively discusses complex topics in the dynamic field of water law.’ -- Germarié Viljoen, South African Law Journal
'This is a ''must have'' resource for anyone interested in water law, whether domestic, transnational, or international. Impressive in its scope, this volume covers everything from doctrinal nuance to the broad relationships between water law and global security, human rights, disaster response, and sustainability. The book both challenges and inspires the reader, and offers clear-eyed recommendations to empower water law to play a key role in institutionalizing cooperation and pre-empting conflict among nations of the earth.' -- Christine A. Klein, University of Florida Levin College of Law, US
'This book, edited by two well-known experts in the field, is a very welcome addition to the Elgar Encyclopedia of Environmental Law series. It has lucidly written chapters on the relevant general international law as well as detailed chapters on regional and national water law regimes. It should be in the library of all who follow international water and environmental law.' -- Robbie Sabel, Hebrew University of Jerusalem, Israel
Table of ContentsContents: Foreword to the Encyclopedia xiv Jamie Benidickson and Yves Le Bouthillier Foreword to Volume X xv Michael Faure Introduction to Volume X 1 Joseph W Dellapenna and Joyeeta Gupta PART 1 PERVASIVE ISSUES X.1 The expanding boundaries of water law 9 Joyeeta Gupta and Joseph W Dellapenna X.2 A note on law in general and international law in particular 20 Joseph W Dellapenna X.3 Water governance and politics 33 Erick Velázquez Hernández, Dave Huitema and Jampel Dell’Angelo X.4 Water and security 44 Rhett B Larson X.5 The UN contribution to water law, environment, climate disruption, and the Sustainable Development Goals 55 Joyeeta Gupta and Hilmer J Bosch X.6 The water-energy nexus 72 Lee Godden X.7 Fundamental concepts of property in water and the role of markets in water governance 86 Joseph W Dellapenna X.8 Aquatic boundaries 104 Joseph W Dellapenna PART 2 INTERNATIONAL WATER LAW X.9 The continuing evolution of international water law 123 Owen McIntyre X.10 Groundwater in international law 142 Kirstin Conti and Joyeeta Gupta X.11 International litigation and arbitration over water disputes 156 Farnaz Shirani Bidabadi X.12 The human rights to water and sanitation 166 Daphina Misiedjan and Pedi Obani X.13 River basin organizations 177 David J Devlaeminck X.14 How international water law connects to environmental law and human rights 190 Ellen Hey and Alberto Quintavalla X.15 Advancing water law through rights of nature 203 Julia Talbot-Jones X.16 Sustainability and international water law 214 Otto Spijkers X.17 Providing for future generations 225 Lydia Slobodian PART 3 REGIONAL WATER LAW X.18 Europe 239 Marleen van Rijswick X.19 The Mekong River Basin 255 Susanne Schmeier X.20 Southern Africa 270 Michael Kidd X.21 Central Asia 283 Barbara Janusz-Pawletta PART 4 NATIONAL WATER LAW X.22 Water jurisdiction: on federalism, river basins, metropolises, and communities 301 Francine van den Brandeler and Filippo Maria Lancieri X.23 Changing ‘ownership’ in water law: comparative experiences in the developing world 315 Joyeeta Gupta and Hilmer J Bosch X.24 Groundwater law at the domestic level 329 Gabriela Cuadrado-Quesada and Joyeeta Gupta X.25 The Arab countries of the Middle East 341 Léna Salamé and Raya Marina Stephan X.26 Reforming legal frameworks for water management in Central Asia 354 Jenniver Sehring, Aminjon Abdulloev, Nataliya Chemayeva, Botir Ismailov, Nargiza Osmonova and Botagoz Sharipova X.27 China: water law in transition 367 Libin Zhang X.28 Brazil: evolution of water and sanitation law and challenges for inclusive services 377 Raquel dos Santos and Klaas Schwartz PART 5 WATER LAW AND BROADER ISSUES X.29 Water law and development 391 Philippe Cullet X.30 Legal frameworks and water services 402 Klaas Schwartz and Mireia Tutusaus X.31 Indigenous rights to water 413 Barbara Cosens X.32 Large-scale water infrastructure, territorial transformation and water rights dispossession 425 Rutgerd Boelens X.33 Water law and disaster: floods and droughts 438 Margot A Hurlbert X.34 Water and mining 451 Mirja Schoderer, Jampel Dell’Angelo and Dave Huitema X.35 Coastal zones 466 Ryan B Stoa PART 6 CONCLUSIONS X.36 Water law: its role, shortcomings, and potential 485 Joseph W Dellapenna and Joyeeta Gupta Index 499
