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This is a global survey and assessment of the structure, evolution, and performance of water institutions – administration policies and regulatory practices – in regional, national, and international settings. The coverage includes analysis and discussion of the rationale for institutional innovations, based on case study findings; specific suggestions for sustainable institutional design; and recommendations for implementing institutional reforms.
This paper considers the multi-faceted lessons of the Lesotho Highlands Water Project and how the project can serve as a model of mutually beneficial development, though demonstrating the benefits of a bilateral governmental cooperative approach in the development of an international river. These benefits include exceeding the impact of individual national approaches and strengthening political cooperation among all participants. This model is particularly relevant since approximately 40 percent of the world s population lives in transboundary river basins and more than 90 percent of the world s population lives within countries that share these basins.
Water treaties, agreements and conventions abound, but knowledge of them, and the relevant records, used to be scattered and not always easily accessible. Utilizing historical documents, statistical analyses, and maps, the Atlas presents both a graphic and textual analysis and documentation of the world's international basins and their agreements. This Atlas builds upon knowledge stored in existing environmental legislative databases in an attempt to consolidate and disseminate information about shared water treaties. It yields a better understanding of existing treaties and treaty development through time, provide a basis for negotiating new agreements, and organizes the underlying knowledge for improving environmental governance throughout the world.
In Africa, most major rivers, freshwater lakes, and aquifers are shared by two or more countries. These nations are becoming increasingly vulnerable to conflict, and their vulnerabilities are made more acute by climatic variations in precipitation, increasing urbanization, industrialization and environmental degradation. The concept of resilience and vulnerability as it relates to water resources is tackled in this report within the framework of sustainability and relates to the ability of the human and bio-physical systems to adapt to change.
According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Fresh water is an environmental, economic, social, and cultural commodity. This book provides a thorough assessment of its protection, management, and uses in international law. It explores the international, regional, and national regulatory frameworks that make up the international legal regime regulating fresh water.
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.
A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.
The management of water resources across boundaries, whether sub-national or international, is one of the most difficult challenges facing water managers today. The upstream exploitation or diversion of groundwater or rivers can have devastating consequences for those living downstream, and transboundary rivers can provide a source of conflict between nations or states, particularly where water resources are scarce. Similarly, water based-pollution can spread across borders and create disputes and a need for sound governance.This book is the first to bring together in a concise and accessible way all of the main topics to be considered when managing transboundary waters. It will raise the awareness of practitioners of the various issues needed to be taken into account when making water management decisions and provide a practically-based overview for advanced students. The authors show clearly how vital it is to cooperate effectively over the management of shared waters to unlock their contribution to regional sustainable development. The book is largely based on a long-running and tested international training programme, run by the Stockholm International Water Institute and Ramboll Natura, and supported by the Swedish International Development Co-operation Agency (Sida), where the respective authors have presented modules on the programmes. It addresses issues not only of conflict, but also of managing power asymmetries, benefit-sharing, stakeholder participation, international water law, environmental water requirements and regional development. It will be particularly useful for those with a background in hydrology or engineering who wish to broaden their management skills.