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Water and the Law
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Water and the Law

Towards Sustainability

9781783479610 Edward Elgar Publishing
Edited by Michael Kidd, Professor of Law, University of KwaZulu-Natal, Loretta Feris, Professor of Law, University of Cape Town, Tumai Murombo, Associate Professor, University of Witwatersrand, Johannesburg, South Africa and Alejandro Iza, Director, IUCN Environmental Law Centre, Germany
Publication Date: 2016 ISBN: 978 1 78347 961 0 Extent: 416 pp
Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability. The book considers two broad themes: how law can contribute to the sustainability of water itself and how the law’s regulation of water can contribute to the sustainability of life – both human life as well as that of other species in their natural environment.

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Critical Acclaim
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Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.

The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law’s regulation of water can contribute to the sustainability of life – both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.

Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.
Critical Acclaim
‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’
– The Barrister Magazine
Contributors
Contributors: H. Alebachew, A. Bodart, J.C.L. da Silva, T. Daya-Winterbottom, M.D. dos Santos, D. du Toit, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, N. Soininen, I.U. Tappeiner, M. van Rijswick, P. Wouters, Z. Wu

Contents
Contents:

1. Introduction: Water and the Law – Towards Sustainability
Michael Kidd and Loretta Feris

PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW
2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation
Patricia Wouters

3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam
Habtamu Alebachew

4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin
Emmanuel B. Kasimbazi

5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy
Adrien Bodart

PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT
6. A Jurisprudential Model for Sustainable Water Resources Governance
Douglas E. Fisher

7. Sustainability, Governance and Water Management in New Zealand
Trevor Daya-Winterbottom

8. The Protection of Riparian Forests and Water Resources Conservation in Brazil
Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva

9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin
Ganesh Keremane, Jennifer McKay and Zhifang Wu

10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests
Niko Soininen

11. Water Law: Adapting to Climate Change in South-Eastern Australia?
Anita Foerster

12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change
Marleen van Rijswick and Imelda U. Tappeiner

13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process
Ramin Pejan, Derick du Toit and Sharon Pollard

PART III THE RIGHT OF ACCESS TO WATER
14. The Right to Water and its Misconceptions, Between Developed and Developing Countries
Nicola Lugaresi

15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve
Alexander Ross Paterson

Index


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