Description
Book SynopsisScarcity 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.
The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.
This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights.
Contributors include: N. Bankes, A. Belinskij, H. Coetzee, E. Couzens, M. Couzens, D. Curran, L. Dai, D. Fisher, E.J. Hollo, I. Kornfeld, L. Kotzé, T. Kuokkanen, S. Mascher, E.N. Nyanchaga, M. Onestini, T. Paloniitty, M. Reese, B. Schmidt, M. van Rijswick, P. Vihervuori
Trade Review‘The book is to be considered as a scholarly work on water management law which will be useful for anyone interested in the conservation of water as well as proper management and allocation of water.’ -- Amrithnath SB, LEAD: Law, Environment and Development Journal
Table of ContentsContents: INTRODUCTION The Concept and Traditions of Water Management Law Erkki J. Hollo PART I The role of public and private law in the context of water allocation 1. Common law and public domain approaches to water governance: an Australian perspective Douglas Fisher 2. A comparison of constitutional provisions on water-related rights in Southern African states Ed Couzens and Meda Couzens 3. Private and public ownership of water areas - structures and implications of the Finnish model Pekka Vihervuori 4. Human right to water: Argentine cases, Human rights – are they enforceable? Maria Onestini 5. Struggle for Water Rights between the Natives and the European Settlers: A Case Study of Njoro Kubwa Springs (1947-56) Ezekiel Nyangeri Nyanchaga PART II Models of water allocation 6. Towards a sustainable, balanced and equitable allocation of water use rights Liping Dai, Marleen van Rijswick and Bram Schmidt 7. The role of private property rights in Australia’s and Canada’s modern water allocation regimes Sharon Mascher and Deborah Curran 8. Recovery of costs for water uses at the different levels of water law Antti Belinskij PART III Transboundary water management 9. Tensions and relationships in international water law Tuomas Kuokkanen 10. The Columbia River Treaty between Canada and the United States of America – time for change? Nigel Bankes 11. Kansas v. Colorado: state sovereignty and the equitable allocation of water Itzchak E. Kornfeld PART IV Water allocation under the threat of environmental destruction 12. Climate change adaptation in water management - Regulatory challenges and approaches Moritz Reese 13. Regulatory Framework of China’s Water Quality Management Liping Dai 14. Does It Take Three to Tango? The Practitioner’s Viewpoint to Three EU Governance Instruments Addressing the Agricultural Runoff Dilemma Tiina Paloniitty 15. Shale gas development and water in South Africa: regulatory aspects Hennie Coetzee and Louis J. Kotzé Index
