This book, which was first published in 1992 and then updated in 2007, provides a tool for dealing with the legal and institutional aspects of water resources management within national contexts and at the level of transboundary water resources. Like its two previous editions, it seeks to cover all aspects that need to be known in order to attain good water governance, but it provides updates concerning developments since 2007. These relate, inter alia, to the following:
- the “greening” of water law, which calls for the progressive integration of environmental law principles into domestic and international water law;
- the adoption, by the International Law Commission in 2008, of the Draft Articles on the Law of Transboundary Aquifers, and subsequent developments;
- the emergence of the right to water as a self-standing human right;
- the adoption of domestic water laws supporting integrated water resources management (IWRM) and enhanced public participation in planning and decision making;
- the integration into these laws of tools facilitating adaptive water management as a response to climate variability and change;
- progress in the implementation of EU law;
- recent international agreements and judicial decisions;
- efforts of regional organizations other than the EU to steer cooperation in the management of transboundary water resources and the harmonization of national laws;
- institutional mechanisms for the management of transboundary water resources (surface and underground).
Unique in its scope and nature, the book identifies the legal and institutional issues arising in connection with water resources management and provides guidelines for possible solutions in a manner accessible to a wide range of readers. Thus, it is a useful reference for lawyers and non-lawyers — engineers, hydrologists, hydrogeologists, economists, sociologists — dealing with water resources within government institutions, river basin commissions, international organizations, financing institutions and academic institutions, among other things, and also for students of disciplines related to water resources.
Table of Contents
2 Earliest water regulations and management
3 Roman and intermediate period
4 Definition and sources of water law
5 Existing systems
6 Development by region
7 Possible contents of and reasons for water law
8 Water resources planning and water law
9 National water resources administration
10 International water resources law in general
11 International water resources law: Major issues
12 International water resources administration
13 Legal and institutional aspects of groundwater management
Marcella Nanni is a recognized international expert in water law and administration and related disciplines. She has provided legal advice to a number of governments, regional organizations and river basin institutions within the framework of projects financed by international organizations such as FAO, the European Union, the World Bank, the Asian Development Bank and by bilateral donors. This advice has covered the drafting of water legislation, water policies and international agreements, the development of proposals for the approximation of legislation of EU accession countries to the EU water acquis, the restructuring of water resources management institutions, water law implementation requirements and the formulation and conduct of capacity-building programmes.
Marcella is Vice-Chairperson of the Executive Council of the International Association for Water Law/Asociación Internacional de Derecho de Aguas (AIDA) and is the editor of the association's newsletter, 'Aquaforum.' She collaborated with Dr. Caponera for the research on the first edition of this book and produced the revised edition of the book in 2007. Marcella Nanni is the author of a number of published articles on water law topics.