Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance.
The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.
Introduction Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke Part 1:
Comparative National Water Law and Policy
1. Customary Water Rights and Legal
Pluralism Barbara van Koppen
2. A Comparative Analysis of the Public Trust
Doctrine for Managing Water in the United States and India Melissa Scanlan
3.
Water Rights and Permitting: A South African Approach Michael Kidd
4. The EU
Approach for Integrated Water Resource Management: Transposing the EU Water
Framework Directive within a National Context Key Insights from Experience
Marleen van Rijswick and Andrea Keessen
5. Water Markets Michael Hantke-Domas
6. Water Pollution and Water Quality: Shifting Regulatory Paradigms William
Howarth
7. Contaminants of Emerging Concern Sarah Hendry
8. The Human Right
to Water Inga T. Winkler
9. Governance and Regulation of Water and Sanitation
Services Provision Richard Franceys and Paul Hutchings
10. Legal Aspects of
Flood Management Andrew Allan
11. Water Allocation and Management During
Drought Dan Tarlock
12. Stakeholder Engagement for Inclusive Water Governance
Aziza Akhmouch and Delphine Clavreul
13. Monitoring and Enforcement: The
United States Clean Water Act Model LeRoy Paddock and Laura Mulherin Part 2:
Transboundary Water Law and Policy
14. The Treaty Architecture for the
Governance of Transboundary Aquifers, Lakes and Rivers Alistair Rieu-Clarke
15. The Evolution of International Law Relating to Transboundary Waters
Stephen C. McCaffrey
16. International Law and Transboundary Aquifers Gabriel
E. Eckstein
17. Substantive Rules of International Water Law Owen McIntyre
18. The Significance of the Duty to Cooperate for Transboundary Water
Resources Management under International Water Law Christina Leb
19. Joint
Institutional Arrangements for Governing Shared Water Resources: A
Comparative Analysis of State Practice Susanne Schmeier
20. Strengthening the
Implementation of Transboundary Water Agreements: Insights from the UNECE
Water Convention Implementation Committee Nataliya Nikiforova
21. The Role of
Non-state Actors in the Development and Implementation of International Water
Law Komlan Sangbana
22. Hydro-hegemons and International Water Law Rebecca L.
Farnum, Stephanie Hawkins, and Mia Tamarin Part 3: Cross-cutting Issues
23.
Water Resources and International Investment Law Ana Maria Daza Vargas
24.
Water Justice: Understanding the Philosophical Underpinning of
Decision-making in the Context of International Water Governance Marian J.
Neal (Patrick) and Peter S. Wenz
25. Adaptive Water Governance: A Theoretical
Approach Reflected in the Mauri and Desaguadero River Basin Adaptation Plan
Juan Carlos Sánchez Ramírez, Paula Pacheco Mollinedo and Natalia Aguilar
Porras
26. A Brief History of Global Water Governance Joshua Newton
27. The
Sustainable Development Goals in relation to Water Management: What Role for
Legal Frameworks? Anna Schulz
28. Water Security as an Evolving Paradigm:
Local, National, Regional and Global Considerations Bjørn-Oliver Magsig
Conclusions Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke
Alistair Rieu-Clarke is Chair in Law at the Law School, University of Northumbria, UK.
Andrew Allan is Senior Lecturer in National Water Law at the Centre for Water Law, Policy & Science, University of Dundee, UK.
Sarah Hendry is Senior Lecturer in Water Law at the Centre for Water Law, Policy & Science, University of Dundee, UK.
