Operationalising Hybrid Water Law For Historical Justice

Final project report submitted to the Water Research Commission (WRC). Pretoria, South Africa: Water Research Commission (WRC).

Water is one of the most important natural resources of the global environment, yet the legal system has had particular difficulties in coping with water as a natural resource. This title examines water law in the Australian context. It provides a highly readable survey of the many and varied aspects of water law in all jurisdictions.

Since the 1980s a major change took place in public policies for water resources management. This interdisciplinary research examines how this water reform process unfolds within four African waterscapes that are historically constituted by natural and social processes. This study analyzes the interplay between public policies designed and implemented by government agencies and the institutions that govern access to and control over water resources among groups of agricultural water users. The findings of this research show that water policy in only a limited extent leads to progressive institutional change concerning agricultural water use.

This book presents a comprehensive analysis of the existing nature of India’s groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the “elitist” and the “egalitarian.” The book’s fundamental premise is that despite being an extraordinarily critical resource that supports India’s burgeoning population’s ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book’s introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management–Inter-state Water Conflicts–Aquifers–Water Markets–Water Security–Water Law Reform–Groundwater Law–Water Law–Sustainable Development–Hydrology

An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.

The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

Heritage occupies a privileged position within the built environment. Most municipalities in the United States, and nearly all countries around the world, have laws and policies to preserve heritage in situ, seeking to protect places from physical loss and the forces of change. That privilege, however, is increasingly being unsettled by the legacies of racial, economic, and social injustice in both the built environment and historic preservation policy, and by the compounding climate crisis. Though many heritage projects and practitioners are confronting injustice and climate in innovative ways, systemic change requires looking beyond the formal and material dimensions of place and to the processes and outcomes of preservation policy--operationalized through laws and guidelines, regulatory processes, and institutions--across time and socio-geographic scales, and in relation to the publics they are intended to serve. This third volume in the Issues in Preservation Policy series examines historic preservation as an enterprise of ideas, methods, institutions, and practices that must reorient toward a new horizon, one in which equity and sustainability become critical guideposts for policy evolution.