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.
