Water and the Law: Towards Sustainability

Water and the Law: Towards Sustainability

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Overview

Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.


The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law’s regulation of water can contribute to the sustainability of life – both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.


Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.

Product Details

ISBN-13: 9781783479610
Publisher: Edward Elgar Publishing
Publication date: 06/16/2016
Edition description: Reprint
Pages: 416
Product dimensions: 6.10(w) x 9.20(h) x 0.90(d)

About the Author

Edited by Michael Kidd, Professor of Law, University of KwaZulu-Natal, Loretta Feris, Professor of Law, University of Cape Town, Tumai Murombo, Associate Professor, University of Witwatersrand, Johannesburg, South Africa and Alejandro Iza, Director, IUCN Environmental Law Centre, Germany

Table of Contents

Contents:


1. Introduction: Water and the Law – Towards Sustainability

Michael Kidd and Loretta Feris


PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW

2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation

Patricia Wouters


3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam

Habtamu Alebachew


4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin

Emmanuel B. Kasimbazi


5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy

Adrien Bodart


PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT

6. A Jurisprudential Model for Sustainable Water Resources Governance

Douglas E. Fisher


7. Sustainability, Governance and Water Management in New Zealand

Trevor Daya-Winterbottom


8. The Protection of Riparian Forests and Water Resources Conservation in Brazil

Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva


9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin

Ganesh Keremane, Jennifer McKay and Zhifang Wu


10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests

Niko Soininen


11. Water Law: Adapting to Climate Change in South-Eastern Australia?

Anita Foerster


12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change

Marleen van Rijswick and Imelda U. Tappeiner


13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process

Ramin Pejan, Derick du Toit and Sharon Pollard


PART III THE RIGHT OF ACCESS TO WATER

14. The Right to Water and its Misconceptions, Between Developed and Developing Countries

Nicola Lugaresi


15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve

Alexander Ross Paterson


Index



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