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The Law and Governance of Water Resources
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The Law and Governance of Water Resources

The Challenge of Sustainability

9781847206299 Edward Elgar Publishing
Douglas Fisher, Emeritus Professor, Queensland University of Technology, Australia
Publication Date: 2010 ISBN: 978 1 84720 629 9 Extent: 400 pp
This path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability.

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This path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability.

To achieve the sustainable use and development of water resources is a daunting challenge for both global and local communities. It requires commitments from all groups within international, national and local communities from their own particular, possibly conflicting, perspectives. Without a set of coherent legal arrangements designed to ensure effective governance of water resources, their sustainable use and development is unlikely to be achieved.

Douglas Fisher considers how legal arrangements for managing water resources have evolved across the continents over hundreds of years. He explores their relevance for contemporary society; how the norms of current international and national legal regimes are responding; and, most importantly, how legal rights and duties should be structured so as to achieve sustainability in the future.

This detailed textual and linguistic analysis of legal doctrines and instruments in relation to water resources will be invaluable for international and national water resources policy analysts, water resource managers and water resource lawyers. Students of water resource management, sustainable development and sustainability will also find this book of great interest to them.
Critical Acclaim
‘. . . this is a formidable work and its detailed analysis of the law, its institutions and norms will be highly useful as a reference text for postgraduate law students and legal academics.’
– Poh Ling Tan, Australasian Journal of Environmental Management
Contents
Contents: Preface Introduction Part I: The Challenge of Sustainable Water Resources Governance 1. Water Resources Governance in Context 2. The Conceptual Framework of Sustainability 3. Governance for Sustainable Development Part II: The Formal Structure of Water Resources Governance 4. The Doctrinal Foundations of Water Resources Law 5. The Range of Functions Performed by States 6. Individual Water Rights 7. Water Entitlements Part III: The Normative Structure of International Arrangements 8. Norms of International Law 9. Norms in Interstate Agreements Part IV: The Normative Structure of Arrangements Within States 10. Normative Arrangements in Federal Jurisdictions 11. Normative Arrangements in Unitary Jurisdictions Part V: Evolving International Arrangements for Water Resources Governance 12. The Dynamics of the International Legal System 13. The Dynamics of Interstate Agreements Part VI: Evolving National Arrangements for Water Resources Governance 14. Grundnorms Underlying Water Resources Development 15. Planning for Water Resources Development 16. Water Rights as Regulatory Instruments Part VII: Towards Sustainable Water Resources Governance 17. Evolving Statutory Structures for Water Resources Governance 18. The Need for Doctrinal Innovation 19. Models of Doctrinal Innovation Bibliography Index
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