Community Based Water Law And Water Resource Management Reform In Developing Countries

The fifteen chapters of this book analyse the living community-based water laws in Africa, Latin America and Asia and critically examine the interface between community-based water laws, formal water laws and a variety of other key institutional ingredients of on-going water resources management reform.

The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.

Effective water governance capacity is the foundation of efficient management of water resources. Water governance reform processes must work towards building capacity in a cohesive and articulated approach that links national policies, laws and institutions, within an enabling environment that allows for their implementation. This guide shows how national water reform processes can deliver good water governance, by focussing on the principles and practice of reform. RULE guides managers and decision makers on a journey which provides an overview of what makes good law, policy and institutions, and the steps needed to build a coherent and fully operational water governance structure.

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource. Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries. This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.

The first book to engage in a comprehensive examination of the human right to water in theory and in practice.

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.

The book includes seventeen excellent researched and documented papers that reflect the diversity of thought, ideas and experiences related to IWRM. They draw from an extensive, inclusive and geographically representative range of theoretical propositions and practical examples. These include the implementation status of the IWRM concept at local, basin, regional and national levels; its appropriateness for the twenty-first century; main implementation gaps from the institutional, legal, policy, governance, management and technical viewpoints; the likelihood that IWRM’s entrenchment in laws, regulations and policies has led to smoother implementation and the reasons why that has been the case; reflexions on whether the attention given to IWRM is pushing other alternatives to the policy periphery; and the new conceptual constructions that can be put forward for discussion in the international arena. For the development and water communities it is imperative to debate and reach towards more illustrative conclusions regarding whether the promotion of the IWRM concept and its actual implementation status have been beneficial for development and how the notion could evolve to achieve this end. In-depth objective and constructive discussions, arguments, proposals and ideas are put forward for analysis by all interested parties. The book has the objective of fostering scholarly exchange, encouraging intellectual debate and promoting the advancement of knowledge and understanding of IWRM as a concept, as a goal per se and as a strategy towards development goals. This book was published as a special issue of the International Journal of Water Resources Development.