Frameworks for Water Law Reform


Book Description

This book develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.




Frameworks for Water Law Reform


Book Description

The world is currently experiencing unprecedented global change, with population increase, urbanisation, climate change and environmental degradation combining to make management of freshwater resources a critical policy focus of the twenty-first century. This timely book designs and develops an original, analytical framework for water law reform processes, using case studies across four jurisdictions. Addressing the four principal areas of water law - integrated water resource management (IWRM) and river basin planning, water rights and allocation, water pollution and quality, and water services - this book provides a comprehensive study of water law, within the context of global and regional policy agendas. Case studies from England, Scotland, South Africa and Queensland, Australia, are presented, providing comparators from both common law and mixed jurisdictions, from the northern and southern hemispheres, and from developed and developing countries. A legislative framework is proposed for water law reform processes, and the consequences of different reform options are considered and investigated. A valuable resource for academics and graduate students in environmental law, resource management, hydrology and social science, this book is also highly relevant to policymakers, NGOs and legal practitioners.




Rule


Book Description

Effective water governance capacity is the foundation of efficient management of water resources. Water governance reform processes must work towards building capacity in a cohesive and articulated approach that links national policies, laws and institutions, within an enabling environment that allows for their implementation. This guide shows how national water reform processes can deliver good water governance, by focussing on the principles and practice of reform. RULE guides managers and decision makers on a journey which provides an overview of what makes good law, policy and institutions, and the steps needed to build a coherent and fully operational water governance structure.




Water Law for the Twenty-First Century


Book Description

This volume critically analyses legal issues arising under international law, concerning the consequences of proposed water regulatory changes and their implementation. The book looks at reforms in India in order to ask broader questions about the relevance of international law in national law and policy making.




Water Law, Poverty, and Development


Book Description

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource. Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries. This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.




Legal Frameworks for Transparency in Water Utilities Regulation


Book Description

Transparency in the regulation of water utilities is essential in order to ensure quality and fairness. This book explores and compares different regulatory arrangements in the water utilities sectors in three jurisdictions to determine which regulatory and ownership model is most transparent and why. The three jurisdictions considered are England (UK), Victoria (Australia) and Jakarta (Indonesia). Following an introduction to the importance of transparency in water utilities regulation, the book provides an overview of the three chosen jurisdictions and their legal and institutional frameworks. Through a comparison of these the author explores the contested and difficult terrain of "privatization", as (often) opposed to public ownership, in which it is shown that the relationships between transparency and ownership models are not as clear-cut as might be assumed. Chapters consider various aspects and outcomes of the regulatory process and the role of transparency, including topics such as regulators' internal governance mechanisms, utilities corporate governance, licensing and information flow, freedom of information and transparency in tariffs and pricing, as well as customer service. The book concludes with a summary of lessons learned to inform the refinement of transparency in utilities regulation.




Water Law


Book Description

This 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, this authoritative volume will be a vital resource for all scholars and students of environmental law.




Water Policy in Chile


Book Description

This book offers a detailed examination of the main sources of Chile’s water, its principle consumers, the gap between supply and demand, hydrological droughts, and future projected impacts of climate change. It describes, analyzes and evaluates the performance of water policies, laws and institutions, identifies the main challenges that Chile needs to face and derives lessons learnt from Chile’s reform experience. Expert contributors discuss such topics as Chile’s water policy, and the reasoning which explains its policy reform. The book presents and evaluates the performance of the legal and institutional framework of water resources. It also describes efforts to meet actual demands for water by augmenting supplies with groundwater management, waste water re-use and desalination and improve the state of water ecosystems. The last chapter presents the editor’s assessment and conclusions. The case of Chile is illustrative of a transition from command and control to market based management policies, where economic incentives play a significant role in water management.




Water Law in India


Book Description

First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.




Water Law for the Twenty-First Century


Book Description

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water. The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.