1st Edition

Trans-jurisdictional Water Law and Governance

ISBN 9781138928275
Published June 28, 2016 by Routledge
344 Pages 2 B/W Illustrations

USD $160.00

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Book Description

Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance.

Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.

Table of Contents

Part 1: Introduction 

1. The Challenge of Trans-jurisdictional Water Law and Governance 

Janice Gray, Cameron Holley and Rosemary Rayfuse 

Part 2: Trans-Jurisdictional Water Law and Governance – Theoretical Underpinnings and International Approaches 

2. Trans-jurisdictional Water Governance: Law’s Role at Multiple Levels 

Lee Godden 

3. Transboundary Water Governance through the Prism of the Mekong River Basin 

Richard Paisley, Patrick Weiler and Taylor Henshaw 

4. Trans-jurisdictional Water Governance in the European Union 

Marleen Van Rijswick 

5. Critical Linkages: Trans-jurisdictional Approaches to Advancing Indigenous Marine Governance 

Lauren Butterly and Erika Techera 

Part 3: Trans-Jurisdictional Water Law and Governance – National Approaches 

6. Intra-national Rivalries: A Submerged Aspect of Transboundary Water Governance 

Paul Martin and Amanda Kennedy 

7. Defragging: Overcoming Fragmentation in United States Water Governance 

Buzz Thompson 

8. Beyond the Traditional Governance of Trans-jurisdictional Groundwater: Unconventional Approaches to Cross-boundary Aquifer Management in the United States 

Rebecca Nelson and Meg Casey 

9. Muddied Water: (Un)co-operative Governance and Water Management in South Africa 

Michael Kidd 

10. The Flow of Laws: The Trans-jurisdictional Laws of the Longest River in Aotearoa New Zealand 

Jacinta Ruru 

Part 4: Emerging Challenges in Trans-Jurisdictional Water Law and Governance 

11. Diffuse Source Pollution and Water Quality Law for the Great Barrier Reef: Why the Reticence to Regulate? 

Marie Waschka and Alex Gardner 

12. Trans-jurisdictional Water Governance in the Context of Unconventional Gas Mining: The Australian Experience 

Janice Gray 

13. Protecting Coastal Wetlands in a Changing Climate: Reinvigorating Integrated Coastal Zone Governance 

Jan McDonald and Anita Foerster 

14. Contests over ‘Wild’ Rivers in Queensland: Implications for Trans-jurisdictional Water Governance 

Poh Ling Tan 

15. Trans-jurisdictional Water Governance and Implementing the Human Right to Water in South Africa 

Cristy Clark  

Part 5: Conclusion 

16. The Future of Trans-jurisdictional Water Law and Governance 

Janice Gray, Cameron Holley and Rosemary Rayfuse

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Janice Gray is Senior Lecturer in the Faculty of Law and an Affiliate of the Connected Waters Initiative Research Centre at UNSW Australia (The University of New South Wales).

Cameron Holley is Associate Professor in the Faculty of Law and Connected Waters Initiative Research Centre at UNSW Australia.

Rosemary Rayfuse is Professor of International Law in the Faculty of Law at UNSW Australia.