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Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. Wu
Edited by Michael Kidd, Professor of Law, University of KwaZulu-Natal, Loretta Feris, The Centre for Human Rights, Faculty of Law, University of Pretoria, Tumai Murombo, Associate Professor, University of Witwatersrand, Johannesburg, South Africa and Alejandro Iza, Director, IUCN Environmental Law Centre, Germany
Contents:1. Introduction: Water and the Law – Towards SustainabilityMichael Kidd and Loretta FerisPART IINTERNATIONAL AND TRANSBOUNDARY WATER LAW2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water CooperationPatricia Wouters3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) DamHabtamu Alebachew4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile BasinEmmanuel B. Kasimbazi5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water PolicyAdrien BodartPART IIDOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT6. A Jurisprudential Model for Sustainable Water Resources GovernanceDouglas E. Fisher7. Sustainability, Governance and Water Management in New ZealandTrevor Daya-Winterbottom8. The Protection of Riparian Forests and Water Resources Conservation in BrazilMauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin Ganesh Keremane, Jennifer McKay and Zhifang Wu10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of InterestsNiko Soininen11. Water Law: Adapting to Climate Change in South-Eastern Australia?Anita Foerster12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate ChangeMarleen van Rijswick and Imelda U. Tappeiner13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform ProcessRamin Pejan, Derick du Toit and Sharon PollardPART III THE RIGHT OF ACCESS TO WATER14. The Right to Water and its Misconceptions, Between Developed and Developing CountriesNicola Lugaresi15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game ReserveAlexander Ross PatersonIndex
‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’