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Principles of Water Law and Administration: National and International 3rd ed

Principles of Water Law and Administration: National and International 3rd ed

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138610569
  • Previous Edition ISBN: 9780415435833
  • 出版时间 May 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9780367729325
¥1,233.75
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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.

  • 1.
    Introduction
    1.1 Water and the society
    1.2 The need for a water policy, legislation and administration
    1.3 The interdisciplinarity of the subject
    1.4 The physical context
    1.5 The socio-economic context
    1.6 The purpose of the book
    References
    2.
    Earliest water regulations and management
    2.1 The importance of water regulations throughout history
    2.2 The difficulty of studying early water regulations
    2.3 The development of earliest water law principles
    2.4 Ancient Egyptian water regulations and management
    2.5 Ancient Mesopotamian water regulations and management
    2.6 Ancient Hindu water regulations and management
    2.7 Ancient Chinese water regulations and management
    2.8 Hebrew water regulations and management
    2.9 Pre-Columbian water regulations and management
    2.10 Other early systems of water regulations and management
    2.11 General conclusion
    References
    3.
    Roman and intermediate period
    3.1 Introduction
    3.2 Roman water law principles
    3.3 Intermediate water law principles in Europe (565–1812)
    3.4 Intermediate water law principles in Ibero-America
    References
    4.
    Definition and sources of water law
    4.1 Introduction
    4.2 The content and concept of water law
    4.3 The relationship between water law and other legal disciplines
    4.4 Sources of water law
    4.5 Legislation in general
    4.6 International and interstate agreements
    4.7 Customary law
    4.8 Case law and arbitral awards
    4.9 Doctrine, or scholarly opinion
    4.10 Common law
    4.11 Conclusion
    References
    5.
    Existing systems
    5.1 Introduction
    5.2 Original Roman water law principles and their influence in subsequent legislation
    5.3 Customary water law: its importance
    5.4 Water law principles in the Islamic system
    5.5 Water law principles in civil law countries
    5.6 Water law principles in common law countries
    5.7 Water law principles in the former Soviet system
    5.8 Water law principles in the Hindu subak system in Bali
    References
    6.
    Development by region
    6.1 Africa
    6.2 Asia and the Pacific
    6.3 Central and South America
    6.4 Europe
    6.5 United States of America
    References
    7.
    Possible contents of and reasons for water law
    7.1 Introduction
    7.2 The contribution of the lawyer
    7.3 General considerations
    7.4 Water policy
    7.5 Collection and use of data and information
    7.6 Water resources planning
    7.7 Ownership or other juridical status of water
    7.8 The right to use water
    7.9 Limitations to the right to use
    7.10 Priorities
    7.11 Beneficial uses
    7.12 The right to water
    7.13 Harmful effects of water
    7.14 Water quality and pollution control
    7.15 Environment protection: the ‘greening’ of water law
    7.16 Underground waters
    7.17 Control and protection of waterworks and structures
    7.18 Protected zones/areas
    7.19 Legislation on financial aspects
    7.20 Implementation of water legislation
    7.21 The interconnection between water law and other legal enactments relevant to water law
    7.22 Customary water law and institutions
    7.23 Water users’ associations
    7.24 National water resources administration
    References
    8.
    Water resources planning and water law
    8.1 The rationale of water resources planning
    8.2 Objectives of a water resources plan
    8.3 Types and characteristics of plans
    8.4 The relationship between water resources planning and economic and social sectors
    8.5 Methods for planning processes
    8.6 Relevant administrative and institutional issues
    8.7 Water resources planning under the European Water Framework Directive
    References
    9.
    National water resources administration
    9.1 Introduction
    9.2 Different types of water resources administration
    9.3 Major issues of water resources administration
    9.4 A possible institutional solution
    References
    10.
    International water resources law in general
    10.1 Introduction
    10.2 The concept of ‘international water resources’ and other definitions
    10.3 The sources of international water resources law
    References
    11.
    International water resources law: major issues
    11.1 Boundary demarcation
    11.2 Navigation
    11.3 Non-navigational uses of water
    11.4 Harmful effects of water
    11.5 Quality control of water
    11.6 Armed conflict
    11.7 Environmental aspects
    11.8 The right to water in international law
    References
    12.
    Developments in the law of transboundary aquifers
    12.1 Introduction
    12.2 Sources and evolution of international groundwater law
    12.3 The experience of federal countries
    12.4 The codification of the law of transboundary aquifers
    12.5 Institutional issues
    12.6 The emerging rules
    12.7 Conclusion
    References
    13.
    International water resources administration
    13.1 Introduction
    13.2 Institutional developments
    13.3 Evaluation of existing arrangements
    13.4 Objectives and purposes
    13.5 Duration, constitution and decision-making procedures
    13.6 Territorial competence
    13.7 Functions and powers
    13.8 Form
    13.9 Major institutional requirements for rational international water resources administration
    13.10 Economic and financial requirements
    13.11 Prevention and settlement of disputes
    13.12 Conclusion
    References

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