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Philippe Cullet - One of the best experts on this subject based on the ideXlab platform.
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Innovation and Trends in Water Law
Oxford Handbooks Online, 2017Co-Authors: Philippe CulletAbstract:Law is at the center of policy and political issues concerning Water. Yet, until relatively recently, Water Law has often been either sidestepped or considered only through limited lenses in international policy debates. This is changing rapidly, in part because increasing economic, social, and physical scarcity of Water is fostering increasing conflicts over access to Water. This has led to increasing attention to Water Law and to significant Water Law reforms. This chapter provides an overview of the basic structure of Water Law and analyzes recent reforms, with a focus on developments in India where legal reform has been a central part of Water-sector reforms. It highlights some of the most contentious issues surrounding legal reforms, in particular the tension between equity and justice, on the one hand, and efficiency and willingness to pay on the other hand, as well as the broader issue of privatization.
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Water Law in India: An Introduction to Legal Instruments
2012Co-Authors: Philippe Cullet, Sujith KoonanAbstract:India’s dependence on Water is critical owing to its large agricultural base, the Water needs of its billion-plus population, and the recent economic growth trends. Despite the plethora of material on environmental Law, legal scholarship on Water Law in particular has been negligible. This timely work pieces together key legislative instruments and policy documents to provide an overarching picture of the legal regime and regulations related to Water in India. The book discusses the policy framework for the use of Water in India. It also brings out the complexity in the structure of Laws due to variations at the levels of their implementation, i.e., at the international, national, state, municipal, and panchayat levels. It covers a wide range of issues such as centre–state relations; management, appropriation, and control of Water; irrigation; sanitation; drinking Water; ground Water; pollution; and Water-dependent activities like power generation, and fisheries. It further explores Water-related environmental and health concerns. The work also examines the importance of various conflict resolution processes for resolving Water-related disputes. It offers a range of legal ideas on Water management in India, and thus, provides major insights into the field. This work will fill a critical gap in the study of and research on Water Law, providing a ready reference point for a variety of legal mechanisms, and introduction to how they work and what their implications are.! Lucid and comprehensive, this book, apart from being invaluable for students and teachers of Law, political science, economics, and development studies, will also appeal to anybody keen to learn more about Water Law in India.
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Water Law in a Globalised World: the Need for a New Conceptual Framework
Journal of Environmental Law, 2011Co-Authors: Philippe CulletAbstract:Water Law is at a crossroads. Its basic structure and principles are being challenged by the increasingly global dimension of Water issues. Yet, neither the international framework nor national Water Laws acknowledge the intrinsic links between the global Water cycle and access to Water at the local level. Water Law must be reconceived around a broader understanding of Water while being allowed at the same time to shed its old sectoral framework that makes little space for integration with other related areas of Law such as environmental and human rights Law.
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Water Law, Poverty, and Development - Water Sector Reforms in India
OUP Catalogue, 2009Co-Authors: Philippe CulletAbstract: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.
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Evolution of Water Law and Policy in India
2009Co-Authors: Philippe Cullet, Joyeeta GuptaAbstract:This chapter examines the evolution of Water Law and policy in India from pre-historic to present times, briefly outlining pre-colonial developments and focusing on colonial and postcolonial issues and the complexity of regulating Water in India. The fragmentation of Water Law in the past has not yet been overcome. Water Law remains patchy partly because it is a state subject while being also an issue of concern at the union level and partly because there are elements of Water Law in environment or health Laws. Further, division of tasks between various social actors and levels is unclear. Water policy is being pushed in a number of different directions, reflecting the specificities of the Indian situation, such as its complex administrative structure, overlapping and sometimes contradictory rights frameworks, vastly different endowments in Water resources in different regions, and difficulties in allocating Water in the most socially and economically appropriate manner.
Helena F M W Van Rijswick - One of the best experts on this subject based on the ideXlab platform.
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compensation in the european union natura 2000 and Water Law
2014Co-Authors: Alexandra Aragao, Helena F M W Van RijswickAbstract:This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and Water Law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Marcio Albuquerque Nobre, in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on Water Law in the Netherlands by Willemijn van Doorn-Hoekveld and, of course, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Besides the papers that are part of this third part of the special issue of Utrecht Law Review also the paper by Peter De Smedt ‘Towards a New Policy for Climate Adaptive Water Management in Flanders: the Concept of Signal Areas’ relates strongly to the issue of compensation in Water management.
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compensation in the european union natura 2000 and Water Law
Utrecht law review, 2014Co-Authors: Alexandra Aragao, Helena F M W Van RijswickAbstract:This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and Water Law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Marcio Albuquerque Nobre,1 in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on Water Law in the Netherlands by Willemijn van Doorn-Hoekveld and, of course, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Besides the papers that are part of this third part of the special issue of Utrecht Law Review also the paper by Peter De Smedt ‘Towards a New Policy for Climate Adaptive Water Management in Flanders: the Concept of Signal Areas’ relates strongly to the issue of compensation in Water management.2 Compensation in Water Law and in nature compensation Law are strongly interwoven, as many Natura 2000 sites are established in or in the vicinity of rivers, lakes, or the sea or are strongly dependent on sufficient and clean groundWater. It becomes clear from the case studies that are discussed in the papers and which were discussed during the conference that a great deal of case Law refers to Natura 2000 sites that also fall under the regime of – for example – the Water Framework Directive. See, for example, the case studies discussed by Nobre concerning the Alqueva Dam Project and Lakeside City, by Makowiak on the Gironde and the Low Garonne, by Zijlmans and Woldendorp concerning the IJburg
Alberto Garrido - One of the best experts on this subject based on the ideXlab platform.
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From policy design to implementation: an institutional analysis of the new Nicaraguan Water Law
Water Policy, 2014Co-Authors: Paula Novo, Alberto GarridoAbstract:The objective of this paper is to identify the type of barriers related to the implementation of a new Water Law in Nicaragua. By exploring the perceptions of 40 actors involved in the drafting process of the Law, this paper finds that major barriers are related to the power configuration of the Water administration set-up, which creates conflicts of competences within government and at local and national levels. Our research suggests that decision-making is highly centralized, whereas local governments remain unpowered despite their relevant role in Water management. One of the particular novel aspects of this paper is the linking of interview data to grammar-coded institutional statements along the social–ecological systems9 variables. The institutional grammar tool is used to identify the institutional statements of the Nicaraguan Water Law and to connect the interview results to the institutional configuration of the Water Law. This allows us to understand to what extent the Water Law modifies both the formal and informal institutions that are in place.
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The new Nicaraguan Water Law in context
2010Co-Authors: Paula Novo, Alberto GarridoAbstract:The Nicaraguan Water Law, enacted in September 2007, is the first attempt to implement a new Water Law in the country. This is not an isolated legislative process in Central America, as other countries initiated similar reforms based on the Dublin principles. Although all new Water Laws need time to be implemented, the progress in Nicaragua has so far been meager. This paper provides a diagnosis about the Nicaraguan Water Law by identifying the major factors that may impede or delay its future implementation and enforcement. Its empirical underpinning is provided by 41 in-depth interviews among a sample of representative policy actors and stakeholders. The results show that the Law’s potential for solving Water conflicts has yet to be seen in practice. Major barriers are found in the transaction costs of inter-institutional coordination, information gathering, property rights protection and enforcement, and strategic costs. For example, the institutional remapping grants new roles to old actors as well as old roles to new entities. In addition, sugarcane mills, rice, and coffee lobbies have presence in the legislative and block the appointment of managers in the newly created institutions. This paper argues that at the root of the problems is the inconsistency of setting advanced Water objectives that land on weak institutions. Based on this, a number of prioritization, sequencing, and timing policy recommendations are drawn.
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The new Nicaraguan Water Law in context: Institutions and challenges for Water management and governance
2010Co-Authors: Paula Novo, Alberto GarridoAbstract:The Nicaraguan Water Law, enacted in September 2007, is the first attempt to implement a new Water Law in the country. This is not an isolated legislative process in Central America, as other countries initiated similar reforms based on the Dublin principles. Although all new Water Laws need time to be implemented, the progress in Nicaragua has so far been meager. This paper provides a diagnosis about the Nicaraguan Water Law by identifying the major factors that may impede or delay its future implementation and enforcement. Its empirical underpinning is provided by 41 in-depth interviews among a sample of representative policy actors and stakeholders. The results show that the Law’s potential for solving Water conflicts has yet to be seen in practice. Major barriers are found in the transaction costs of inter-institutional coordination, information gathering, property rights protection and enforcement, and strategic costs. For example, the institutional remapping grants new roles to old actors as well as old roles to new entities. In addition, sugarcane mills, rice, and coffee lobbies have presence in the legislative and block the appointment of managers in the newly created institutions. This paper argues that at the root of the problems is the inconsistency of setting advanced Water objectives that land on weak institutions. Based on this, a number of prioritization, sequencing, and timing policy recommendations are drawn.
Alexandra Aragao - One of the best experts on this subject based on the ideXlab platform.
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compensation in the european union natura 2000 and Water Law
2014Co-Authors: Alexandra Aragao, Helena F M W Van RijswickAbstract:This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and Water Law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Marcio Albuquerque Nobre, in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on Water Law in the Netherlands by Willemijn van Doorn-Hoekveld and, of course, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Besides the papers that are part of this third part of the special issue of Utrecht Law Review also the paper by Peter De Smedt ‘Towards a New Policy for Climate Adaptive Water Management in Flanders: the Concept of Signal Areas’ relates strongly to the issue of compensation in Water management.
-
compensation in the european union natura 2000 and Water Law
Utrecht law review, 2014Co-Authors: Alexandra Aragao, Helena F M W Van RijswickAbstract:This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and Water Law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Marcio Albuquerque Nobre,1 in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on Water Law in the Netherlands by Willemijn van Doorn-Hoekveld and, of course, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Besides the papers that are part of this third part of the special issue of Utrecht Law Review also the paper by Peter De Smedt ‘Towards a New Policy for Climate Adaptive Water Management in Flanders: the Concept of Signal Areas’ relates strongly to the issue of compensation in Water management.2 Compensation in Water Law and in nature compensation Law are strongly interwoven, as many Natura 2000 sites are established in or in the vicinity of rivers, lakes, or the sea or are strongly dependent on sufficient and clean groundWater. It becomes clear from the case studies that are discussed in the papers and which were discussed during the conference that a great deal of case Law refers to Natura 2000 sites that also fall under the regime of – for example – the Water Framework Directive. See, for example, the case studies discussed by Nobre concerning the Alqueva Dam Project and Lakeside City, by Makowiak on the Gironde and the Low Garonne, by Zijlmans and Woldendorp concerning the IJburg
Paula Novo - One of the best experts on this subject based on the ideXlab platform.
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From policy design to implementation: an institutional analysis of the new Nicaraguan Water Law
Water Policy, 2014Co-Authors: Paula Novo, Alberto GarridoAbstract:The objective of this paper is to identify the type of barriers related to the implementation of a new Water Law in Nicaragua. By exploring the perceptions of 40 actors involved in the drafting process of the Law, this paper finds that major barriers are related to the power configuration of the Water administration set-up, which creates conflicts of competences within government and at local and national levels. Our research suggests that decision-making is highly centralized, whereas local governments remain unpowered despite their relevant role in Water management. One of the particular novel aspects of this paper is the linking of interview data to grammar-coded institutional statements along the social–ecological systems9 variables. The institutional grammar tool is used to identify the institutional statements of the Nicaraguan Water Law and to connect the interview results to the institutional configuration of the Water Law. This allows us to understand to what extent the Water Law modifies both the formal and informal institutions that are in place.
-
The new Nicaraguan Water Law in context
2010Co-Authors: Paula Novo, Alberto GarridoAbstract:The Nicaraguan Water Law, enacted in September 2007, is the first attempt to implement a new Water Law in the country. This is not an isolated legislative process in Central America, as other countries initiated similar reforms based on the Dublin principles. Although all new Water Laws need time to be implemented, the progress in Nicaragua has so far been meager. This paper provides a diagnosis about the Nicaraguan Water Law by identifying the major factors that may impede or delay its future implementation and enforcement. Its empirical underpinning is provided by 41 in-depth interviews among a sample of representative policy actors and stakeholders. The results show that the Law’s potential for solving Water conflicts has yet to be seen in practice. Major barriers are found in the transaction costs of inter-institutional coordination, information gathering, property rights protection and enforcement, and strategic costs. For example, the institutional remapping grants new roles to old actors as well as old roles to new entities. In addition, sugarcane mills, rice, and coffee lobbies have presence in the legislative and block the appointment of managers in the newly created institutions. This paper argues that at the root of the problems is the inconsistency of setting advanced Water objectives that land on weak institutions. Based on this, a number of prioritization, sequencing, and timing policy recommendations are drawn.
-
The new Nicaraguan Water Law in context: Institutions and challenges for Water management and governance
2010Co-Authors: Paula Novo, Alberto GarridoAbstract:The Nicaraguan Water Law, enacted in September 2007, is the first attempt to implement a new Water Law in the country. This is not an isolated legislative process in Central America, as other countries initiated similar reforms based on the Dublin principles. Although all new Water Laws need time to be implemented, the progress in Nicaragua has so far been meager. This paper provides a diagnosis about the Nicaraguan Water Law by identifying the major factors that may impede or delay its future implementation and enforcement. Its empirical underpinning is provided by 41 in-depth interviews among a sample of representative policy actors and stakeholders. The results show that the Law’s potential for solving Water conflicts has yet to be seen in practice. Major barriers are found in the transaction costs of inter-institutional coordination, information gathering, property rights protection and enforcement, and strategic costs. For example, the institutional remapping grants new roles to old actors as well as old roles to new entities. In addition, sugarcane mills, rice, and coffee lobbies have presence in the legislative and block the appointment of managers in the newly created institutions. This paper argues that at the root of the problems is the inconsistency of setting advanced Water objectives that land on weak institutions. Based on this, a number of prioritization, sequencing, and timing policy recommendations are drawn.
