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Water Law

Edited by: Joseph W. Dellapenna, Joyeeta Gupta

ISBN13: 9781783476992
Published: August 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £225.00



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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, 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.

Subjects:
Environmental Law
Contents:
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

Series: Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law
Edited by: Michael Faure
ISBN 9781786436986
Published March 2023
Edward Elgar Publishing Limited
£2600.00
Chemical Risk Governance ISBN 9781785360350
Published March 2023
Edward Elgar Publishing Limited
£245.00
Trade and Environmental Law ISBN 9781783476978
Published January 2022
Edward Elgar Publishing Limited
£295.00
Energy Law, Climate Change and the Environment ISBN 9781788119672
Published May 2021
Edward Elgar Publishing Limited
£295.00
Policy Instruments in Environmental Law ISBN 9781785365676
Published June 2020
Edward Elgar Publishing Limited
£223.00
Human Rights and the Environment: Legality, Indivisibility, Dignity and Geography ISBN 9781788111454
Published April 2019
Edward Elgar Publishing Limited
£245.00
Principles of Environmental Law ISBN 9781785365652
Published July 2018
Edward Elgar Publishing Limited
£256.00
Multilateral Environmental Treaties ISBN 9781783477203
Published August 2017
Edward Elgar Publishing Limited
£215.00
Compliance and Enforcement of Environmental Law ISBN 9781783477678
Published May 2017
Edward Elgar Publishing Limited
£162.00
Biodiversity and Nature Protection Law ISBN 9781783474240
Published April 2017
Edward Elgar Publishing Limited
£215.00
Decision Making in Environmental Law ISBN 9781783478392
Published October 2016
Edward Elgar Publishing Limited
£228.00
Climate Change Law ISBN 9781783477609
Published June 2016
Edward Elgar Publishing Limited
£281.00