1st Edition

Routledge Handbook of Water Law and Policy

Edited By Alistair Rieu-Clarke, Andrew Allan, Sarah Hendry Copyright 2017
    416 Pages 14 B/W Illustrations
    by Routledge

    434 Pages 14 B/W Illustrations
    by Routledge

    Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance.

    The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.

    Introduction

    Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke

    Part 1: Comparative National Water Law and Policy

    1. Customary Water Rights and Legal Pluralism

    Barbara van Koppen

    2. A Comparative Analysis of the Public Trust Doctrine for Managing Water in the United States and India

    Melissa Scanlan

    3. Water Rights and Permitting: A South African Approach

    Michael Kidd

    4. The EU Approach for Integrated Water Resource Management: Transposing the EU Water Framework Directive within a National Context – Key Insights from Experience

    Marleen van Rijswick and Andrea Keessen

    5. Water Markets

    Michael Hantke-Domas

    6. Water Pollution and Water Quality: Shifting Regulatory Paradigms

    William Howarth

    7. Contaminants of Emerging Concern

    Sarah Hendry

    8. The Human Right to Water

    Inga T. Winkler

    9. Governance and Regulation of Water and Sanitation Services Provision

    Richard Franceys and Paul Hutchings

    10. Legal Aspects of Flood Management

    Andrew Allan

    11. Water Allocation and Management During Drought

    Dan Tarlock

    12. Stakeholder Engagement for Inclusive Water Governance

    Aziza Akhmouch and Delphine Clavreul

    13. Monitoring and Enforcement: The United States Clean Water Act Model

    LeRoy Paddock and Laura Mulherin

    Part 2: Transboundary Water Law and Policy

    14. The Treaty Architecture for the Governance of Transboundary Aquifers, Lakes and Rivers

    Alistair Rieu-Clarke

    15. The Evolution of International Law Relating to Transboundary Waters

    Stephen C. McCaffrey

    16. International Law and Transboundary Aquifers

    Gabriel E. Eckstein

    17. Substantive Rules of International Water Law

    Owen McIntyre

    18. The Significance of the Duty to Cooperate for Transboundary Water Resources Management under International Water Law

    Christina Leb

    19. Joint Institutional Arrangements for Governing Shared Water Resources: A Comparative Analysis of State Practice

    Susanne Schmeier

    20. Strengthening the Implementation of Transboundary Water Agreements: Insights from the UNECE Water Convention Implementation Committee

    Nataliya Nikiforova

    21. The Role of Non-state Actors in the Development and Implementation of International Water Law

    Komlan Sangbana

    22. Hydro-hegemons and International Water Law

    Rebecca L. Farnum, Stephanie Hawkins, and Mia Tamarin

    Part 3: Cross-cutting Issues

    23. Water Resources and International Investment Law

    Ana Maria Daza Vargas

    24. Water Justice: Understanding the Philosophical Underpinning of Decision-making in the Context of International Water Governance

    Marian J. Neal (Patrick) and Peter S. Wenz

    25. Adaptive Water Governance: A Theoretical Approach Reflected in the Mauri and Desaguadero River Basin Adaptation Plan

    Juan Carlos Sánchez Ramírez, Paula Pacheco Mollinedo and Natalia Aguilar Porras

    26. A Brief History of Global Water Governance

    Joshua Newton

    27. The Sustainable Development Goals in relation to Water Management: What Role for Legal Frameworks?

    Anna Schulz

    28. Water Security as an Evolving Paradigm: Local, National, Regional and Global Considerations

    Bjørn-Oliver Magsig

    Conclusions

    Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke

    Biography

    Alistair Rieu-Clarke is Chair in Law at the Law School, University of Northumbria, UK.  

    Andrew Allan is Senior Lecturer in National Water Law at the Centre for Water Law, Policy & Science, University of Dundee, UK. 

    Sarah Hendry is Senior Lecturer in Water Law at the Centre for Water Law, Policy & Science, University of Dundee, UK.