Water Law for the Twenty-First Century
National and International Aspects of Water Law Reform in India
In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.
The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.
Table of Contents
1. Introduction, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav Part 1: Background and Historical Development 2. An Overview of Common Trends in the Water Legislation of Selected Jurisdictions, Andrés Olleta 3. International Aspects of Water Law Reforms, Irina Zodrow 4. Legal Implications of Trade in ‘Real’ and ‘Virtual’ Water Resources, Alix Gowlland-Gualtieri 5. The Role of the World Bank in Water Law Reforms, Andrés Olleta Part 2: Water Law Reforms in India 6. Context for Water Sector and Water Law Reforms in India, Roopa Madhav 7. Institutional Reforms for Water, Priya Sangameswaran and Roopa Madhav 8. Drinking Water Reforms, Philippe Cullet 9. Legal Regime Governing Groundwater, Sujith Koonan 10. Law and Policy Reforms for Irrigation, Roopa Madhav Part 3: Human Rights, Social, Health and Environmental Aspects 11. International Human Rights Aspects of Water Law Reforms, Alix Gowlland Gualtieri 12. Water Sector Reforms and Principles of International Environmental Law, David Takacs 13. Water, Health and Water Quality Regulation, Sujith Koonan and Adil Hasan Khan 14. Final Remarks, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav
Dr Philippe Cullet is a Reader in Law at the School of Oriental and African Studies – University of London (SOAS) and Programme Director, International Environmental Law Research Centre (IELRC).
Dr Alix Gowlland Gualtieri is a Research Fellow at the International Environmental Law Research Centre (IELRC).
Roopa Madhav worked with the water law research partnership from 2006 to 2008.
Dr Usha Ramanathan is an independent researcher who works on law, poverty and rights.