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The Evolution of the Law and Politics of Water
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Review
From the reviews: “The volume contains articles on case law on international watercourses, on the concept of international cooperation, on public participation, and on water markets. … The value of The Evolution of the Law and Politics of Water lies primarily in the individual articles. … all articles contain interesting information for those interested in the specific case and some articles are relevant for anyone interested in the evolution of water law in general.” (Erik Mostert, Water History, Vol. 1, 2009)
From the Back Cover
The Evolution of the Law and Politics of Water presents an overview of global trends in water law and policy and assesses current global water governance. It provides an historic understanding of how and why after 5,000 years of water governance, that governance still has not reached stability. It identifies the key research questions for water law and policy while providing an overview of the current global water governance regime, its evolving characteristics, and the legal theories involved in these changes. It focuses on water law and discusses the characteristics of national, supranational, and international water law through a combination of case studies and thematic chapters. The Evolution of the Law and Politics of Water is the first volume to take a global perspective on the evolution of water law and policy. It describes global patterns and sets forth the particulars of eight national legal systems drawn from every continent and five regional or supranational systems, as well as the body of customary international law as a whole. In particular, it is the first book to explore the interrelation between culture, religion, government and law in water governance and management. The volume is, therefore, a must-read for anyone interested in how water governance has changed through time and in different places as well as anyone interested in how water law has sought to channel water governance through time and in different places and what variables account for the relative success (or lack of success) of water law in performing this channelling function. It is suggestive of possible lines of water law reform and whether a particular reform is likely to be successful.
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download 1402098669 9781402098666 book online

08/03/2010
, Confessions of an Economic Hit Man, and Breaking the Real Axis of Evil: How to Oust the World's Last Dictators the-less, a superb effort.
The table on page 399 on key water principles is very helpful and worthy of retension.
+ Water law principles include sovereignty, equity, and avoidance of harm.
+ Human rights principles include participation, conflict resolution, prior informed consent, and human rights generally.
+ Environmental law principles include environmental impact assessments, sustainable development, precautionary approach, polluter pays principle, decentralization, open international economic system, and notification (of accidents).
The table on page 400 addresses water principles from other sources of governance.
+ Water rights based on ownership, appropriation, and licensing
+ Sectoral approach to water; different laws relevant to water in different fields
+ Gender bias concerns: ownership and appropriation often only possible by males
+ Contextual governance
+ State regulation of contracts
The book concludes that the law needs to open up to other disciplines (see the Graphic on Web of Fragmented Knowledge); that institutions must change [or be replaced]; and that fairness must be a primordal attribute of water law.
Amazon limits me to ten links. ALL links are active at Phi Beta Iota the Public Intelligence Blog.
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