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Water Resource Management and the Law

Edited by Erkki J. Hollo, Professor Emeritus, University of Helsinki, Finland
Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.
Extent: c 432 pp
Hardback Price: $170.00 Web: $153.00
Publication Date: 2017
ISBN: 978 1 78536 982 7
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  • Environment
  • Environmental Law
  • Water
  • Law - Academic
  • Environmental Law
  • Water Law
Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.

The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.

This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights.
Contributors: N. Bankes, A. Belinskij, H. Coetzee, E. Couzens, M. Couzens, D. Curran, L. Dai, D. Fisher, E.J. Hollo, I. Kornfeld, L. Kotzé, T. Kuokkanen, S. Mascher, E.N. Nyanchaga, M. Onestini, T. Paloniitty, M. Reese, B. Schmidt, M. van Rijswick, P. Vihervuori
Contents:

INTRODUCTION
The Concept and Traditions of Water Management Law
Erkki J. Hollo

PART I The role of public and private law in the context of water allocation
1. Common law and public domain approaches to water governance: an Australian perspective
Douglas Fisher

2. Constitutional provisions on the right of access to water in Southern African countries
Ed Couzens

3. Private and public ownership of water areas - structures and implications of the Finnish model
Pekka Vihervuori

4. Human right to water: Argentine cases Human rights – are they enforceable?
Maria Onestini

5. Struggle for Water Rights between the Natives and the European Settlers: A Case Study of Njoro Kubwa Springs (1947-56)
Ezekiel Nyangeri Nyanchaga

PART II Models of water allocation
6. The Allocation and Regulation of limited Water Use Rights in International, European Union and Dutch Water Law
Marleen van Rijswick

7. The Role of Private Property Law in Water Allocation - Comparing the Australian and Canadian Approaches
Sharon Mascher

8. Recovery of costs for water use
Antti Belinskij

PART III Transboundary water management
9. Reflections on the development of international water law
Tuomas Kuokkanen

10. Lessons from the Columbia River Treaty between Canada and the United States of America
Nigel Bankes

11. State Sovereignty and the Equitable Allocation of Water: Kansas v. Colorado
Itzchak E. Kornfeld

PART IV Water allocation under the threat of environmental destruction
12. Climate change adaptation in water management - Regulatory challenges and approaches
Moritz Reese

13. Regulatory Framework of China’s Water Quality Management
Liping Dai

14. Does It Take Three to Tango? The Practitioner’s Viewpoint to Three EU Governance Instruments Addressing the Agricultural Runoff Dilemma
Tiina Paloniitty

15. The modern example of hydraulic fracking in South Africa - Regulating the nexus between water and energy security in South Africa - the case of unconventional natural gas development
Louis Kotzé and Hennie Coetzee

Index