Legal Mechanisms for Water Resources in the Third Millennium
Select papers from the IWRA XIV and XV World Water Congresses
Legal mechanisms for the management, development and protection of water resources have evolved over the years and have reached unprecedented levels of complexity and sophistication. This phenomenon is largely in response to the global community’s sustainable development agenda, to the challenges and limitations imposed by climate variability, and to scientific and technological advances. Bringing together diverse experiences from across the world, this book analyses existing water law and governance solutions, their shortcomings, as well as developments and trends in the light of changing circumstances. The legal mechanisms examined range from international treaties, agreements and arrangements on cooperation over transboundary water resources, to the onset of novel issues arising out of technological advances, and from domestic regulation of water abstraction and groundwater management, to domestic regulation of the water industry. The articles in this book were originally published in the journal Water International, following the XIV and the XV World Water Congresses of the International Water Resources Association (IWRA), which were held in 2011 and in 2015, respectively.
The chapters originally published in Water International.
Table of Contents
1 Introduction Marcella Nanni, Stefano Burchi, Ariella D’Andrea, Gabriel Eckstein PART 1: Water law developments and trends in a changing world 2 A comparative review of contemporary water resources legislation: trends, developments and an agenda for reform Stefano Burchi 3 Legislation as a tool in support of adaptive water management in response to climate change Marcella Nanni PART 2: Challenges to Water Security: Equity, legal pluralism, and climatic variability 4 Water governance reform in the context of inequality: securing rights or legitimizing dispossession? Helle Munk Ravnborg 5 Compulsory licensing under South Africa’s National Water Act Michael Kidd 6 Legal pluralism and customary water resources management in Guatemala Ariella D’Andrea 7 Why the Western United States’ prior appropriation water rights system should weather climate variability Jonathan R. Schutz 8 Adapting water laws to increasing demand and a changing climate Eric L. Garner PART 3: Multiple approaches for achieving access to water 9 The human right to water as a creature of global administrative law Owen McIntyre 10 The right to water in a transboundary context: emergence of seminal trends Christina Leb 11 Scottish Water: a public-sector success story Sarah Hendry PART 4: Science and the Law: bridging the gap 12 Are we killing the rain? Meditations on the water cycle and, more particularly, on bioprecipitation Jane Maslow Cohen 13 Governing water augmentation under the Watercourse Convention Rhett B. Larson PART 5: Cooperation on Transboundary water resources: current state and future directions 14 Joint infrastructure and the sharing of benefits in the Senegal and Niger watersheds Mara Tignino 15 Ad hoc legal mechanisms governing transboundary aquifers: current status and future prospects Laura Movilla Pateiro 16 Adaptation in the Tisza: innovation and tribulation at the sub-basin level Shanna N. McClain, Carl Bruch and Silvia Secchi
Marcella Nanni is an expert in national and international water law and administration, and related disciplines, and the Vice-Chairperson of the Executive Council of the International Association for Water Law (AIDA).
Stefano Burchi is an expert in comparative and international water law. He is the Chairman of AIDA’s Executive Council.
Ariella D’Andrea is a natural resources lawyer specializing in fisheries, aquaculture and water resources law, and a member of AIDA.
Gabriel Eckstein is a professor of law at Texas A&M University School of Law, specializing in water, environment, natural resources and international law, and a member of AIDA.