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Water Law

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Water Law

9781783476992 Edward Elgar Publishing
Edited by Joseph W. Dellapenna, Visiting Professor of Law, Peking University Transnational School of Law, China, Director of the Model Water Code Project of the American Society of Civil Engineers, US and Rapporteur of the Berlin Rules on Water Resources and Joyeeta Gupta, Professor of Environment and Development in the Global South, University of Amsterdam, Amsterdam and Professor of Law and Policy in Water Resources and Environment, IHE-Delft Institute for Water Education, the Netherlands
Publication Date: September 2021 ISBN: 978 1 78347 699 2 Extent: 544 pp
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.

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Critical Acclaim
Contributors
Contents
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This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources.

Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues.

This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.
Critical Acclaim
‘This is a “must have” resource for anyone interested in water law, whether domestic, transnational, or international. Impressive in its scope, this volume covers everything from doctrinal nuance to the broad relationships between water law and global security, human rights, disaster response, and sustainability. The book both challenges and inspires the reader, and offers clear-eyed recommendations to empower water law to play a key role in institutionalizing cooperation and pre-empting conflict among nations of the earth.’
– Christine A. Klein, University of Florida, Levin College of Law, US

‘This book, edited by two well-known experts in the field, is a very welcome addition to the Elgar Encyclopedia of Environmental Law series. It has lucidly written chapters on the relevant general international law as well as detailed chapters on regional and national water law regimes. It should be in the library of all who follow international water and environmental law.’
– Robbie Sabel, Hebrew University of Jerusalem, Israel
Contributors
Contributors: A. Abdulloev, R. Boelens, H.J. Bosch, N. Chemayeva, K. Conti, B. Cosens, G. Cuadrado-Quesada, P. Cullet, J. Dell’Angelo, J.W. Dellapenna, D.J. Devlaeminck, R. dos Santos, L. Godden, J. Gupta, E. Hey, D. Huitema, M. Hurlbert, B. Ismoilov, B. Janusz-Pawletta, M. Kidd, F.M. Lancieri, R. Larson, O. McIntyre, D. Misiedjan, P. Obani, N. Osmonova, A. Quintavalla, L. Salamé, S. Schmeier, M. Schoderer, K. Schwartz, J. Sehring, B. Sharipova, F. Shirani Bidabadi, L. Slobodian, O. Spijkers, R.M. Stephan, R. Stoa, J. Talbot-Jones, M. Tutusaus, F. van den Brandeler, M. Van Rijswijk, E. Velázquez-Hernandez, L. Zhang
Contents
Contents:

Foreword to the Encyclopedia xiv
Jamie Benidickson and Yves Le Bouthillier
Foreword to Volume X xv
Michael Faure

Introduction to Volume X 1
Joseph W Dellapenna and Joyeeta Gupta

PART 1 PERVASIVE ISSUES
X.1 The expanding boundaries of water law 9
Joyeeta Gupta and Joseph W Dellapenna
X.2 A note on law in general and international law in particular 20
Joseph W Dellapenna
X.3 Water governance and politics 33
Erick Velázquez Hernández, Dave Huitema and Jampel Dell’Angelo
X.4 Water and security 44
Rhett B Larson
X.5 The UN contribution to water law, environment, climate disruption, and
the Sustainable Development Goals 55
Joyeeta Gupta and Hilmer J Bosch
X.6 The water-energy nexus 72
Lee Godden
X.7 Fundamental concepts of property in water and the role of markets in
water governance 86
Joseph W Dellapenna
X.8 Aquatic boundaries 104
Joseph W Dellapenna

PART 2 INTERNATIONAL WATER LAW
X.9 The continuing evolution of international water law 123
Owen McIntyre
X.10 Groundwater in international law 142
Kirstin Conti and Joyeeta Gupta
X.11 International litigation and arbitration over water disputes 156
Farnaz Shirani Bidabadi
X.12 The human rights to water and sanitation 166
Daphina Misiedjan and Pedi Obani
X.13 River basin organizations 177
David J Devlaeminck
X.14 How international water law connects to environmental law and human
rights 190
Ellen Hey and Alberto Quintavalla
X.15 Advancing water law through rights of nature 203
Julia Talbot-Jones
X.16 Sustainability and international water law 214
Otto Spijkers
X.17 Providing for future generations 225
Lydia Slobodian

PART 3 REGIONAL WATER LAW
X.18 Europe 239
Marleen van Rijswick
X.19 The Mekong River Basin 255
Susanne Schmeier
X.20 Southern Africa 270
Michael Kidd
X.21 Central Asia 283
Barbara Janusz-Pawletta

PART 4 NATIONAL WATER LAW
X.22 Water jurisdiction: on federalism, river basins, metropolises, and
communities 301
Francine van den Brandeler and Filippo Maria Lancieri
X.23 Changing ‘ownership’ in water law: comparative experiences in the
developing world 315
Joyeeta Gupta and Hilmer J Bosch
X.24 Groundwater law at the domestic level 329
Gabriela Cuadrado-Quesada and Joyeeta Gupta
X.25 The Arab countries of the Middle East 341
Léna Salamé and Raya Marina Stephan
X.26 Reforming legal frameworks for water management in Central Asia 354
Jenniver Sehring, Aminjon Abdulloev, Nataliya Chemayeva, Botir
Ismailov, Nargiza Osmonova and Botagoz Sharipova
X.27 China: water law in transition 367
Libin Zhang
X.28 Brazil: evolution of water and sanitation law and challenges for inclusive
services 377
Raquel dos Santos and Klaas Schwartz

PART 5 WATER LAW AND BROADER ISSUES
X.29 Water law and development 391
Philippe Cullet
X.30 Legal frameworks and water services 402
Klaas Schwartz and Mireia Tutusaus
X.31 Indigenous rights to water 413
Barbara Cosens
X.32 Large-scale water infrastructure, territorial transformation and water
rights dispossession 425
Rutgerd Boelens
X.33 Water law and disaster: floods and droughts 438
Margot A Hurlbert
X.34 Water and mining 451
Mirja Schoderer, Jampel Dell’Angelo and Dave Huitema
X.35 Coastal zones 466
Ryan B Stoa

PART 6 CONCLUSIONS
X.36 Water law: its role, shortcomings, and potential 485
Joseph W Dellapenna and Joyeeta Gupta

Index 499

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