Selected Problems in the Law of Water Rights in the West PDF Download

Author: Léo Heller
Publisher: Cambridge University Press
ISBN: 1108944973
Category : Political Science
Languages : en
Pages : 453

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Book Description
This analysis of the human rights to safe drinking water and sanitation (HRtWS) uncovers why some groups around the world are still excluded from these rights. Léo Heller, former United Nations Special Rapporteur on the human rights to water and sanitation, draws on his own research in nine countries and reviews the theoretical, legal, and political issues involved. The first part presents the origins of the HRtWS, their legal and normative meanings and the debates surrounding them. Part II discusses the drivers, mainly external to the water and sanitation sector, that shape public policies and explain why individuals and groups are included in or excluded from access to services. In Part III, public policies guided by the realization of HRtWS are addressed. Part IV highlights populations and spheres of living that have been particularly neglected in efforts to promote access to services.

Author: Farhana Sultana
Publisher: Routledge
ISBN: 1136518649
Category : Technology & Engineering
Languages : en
Pages : 289

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Book Description
The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an intervention at a crucial moment into the shape and future direction of struggles for the right to water in a range of political, geographic and socio-economics contexts, seeking to be pro-active in defining what this struggle could mean and how it might be taken forward in a far broader transformative politics. The Right to Water engages with a range of approaches that focus on philosophical, legal and governance perspectives before seeking to apply these more abstract arguments to an array of concrete struggles and case studies. In so doing, the book builds on empirical examples from Africa, Asia, Oceania, Latin America, the Middle East, North America and the European Union.

Author: John Scanlon
Publisher: IUCN
ISBN: 9782831707853
Category : Nature
Languages : en
Pages : 68

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Book Description
Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors? Is another 'academic debate' on this subject warranted when action is really what is necessary? Without claiming to prescribe the answers, this publication clearly and carefully sets out the competing arguments and the challenges.

Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313

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Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Author: Erin O'Donnell
Publisher: Routledge
ISBN: 0429889607
Category : Law
Languages : en
Pages : 210

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Book Description
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Author: Robin Kundis Craig
Publisher:
ISBN: 9781634603133
Category : Water
Languages : en
Pages : 0

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Book Description
Softbound - New, softbound print book.

Author: Tom Hicks
Publisher:
ISBN: 9781619480094
Category : Water
Languages : en
Pages : 28

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Book Description
The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.

Author: Wells Aleck Hutchins
Publisher:
ISBN:
Category : Water
Languages : en
Pages : 540

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Book Description

Author: Léo Heller
Publisher: Cambridge University Press
ISBN: 1108837247
Category : Business & Economics
Languages : en
Pages : 453

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Book Description
A comprehensive overview of the human rights to water and sanitation, exploring theoretical, conceptual, and practical aspects.

Author: Desheng Hu
Publisher: IWA Publishing
ISBN: 1843391082
Category : Science
Languages : en
Pages : 258

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Book Description
Employing an international and comparative analysis of international law as well as the domestic legal regimes of selected jurisdictions, i.e., China, South Africa and South Australia, Water Rights - An International and Comparative Study identifies the essential elements a well-structured water rights system, which ensures that the multiple functions of water resources are reasonably balanced, and the competing water needs are properly taken into consideration, and under which the economic, social and environmental values of water resources co-exist equitably in harmony. This book is the first to discuss water rights holistically, i.e., putting the three aspects of water rights (the property right of water resources, the human right to water and the environmental right to water) into a single, well-organised water rights system under the principle of sustainable development. Following the Introduction, Water Rights has six chapters. Chapter Two develops an analytical approach to be applied in the following four chapters. After the problems concerning water rights in China are identified, the three aspects of water rights both in international law and domestic water laws of South Africa and South Australia are discussed. In Chapter Six, principles and structure that should be employed for designing an ideal water rights system or improving and perfecting an existing one are recommended. With these recommendations, the definitions of water resources and the three aspects of water rights are analysed. Specific amendments to the China Water Law 2002 are proposed. Finally, this work concludes with explanations of the basis for the recommendations presented. This book will be a valuable reference for all those concerned with water rights, including lawyers, hydrologists and water resources managers.