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Water Law
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.
International Law for Freshwater Protection
International Law for Freshwater Protection traces the development of international water law on fresh water protection and demonstrates how the regime focuses on the utilisation and rights of sovereign states over the protection and sustainable growth of shared water resources. The evolving jurisprudence influenced by environmental law highlights the regime’s insufficient focus on the environmental protection of watercourses. This book argues that existing rules, mechanisms and norms within international law can address the regime’s imbalance and establish how these might be applied to improve freshwater protection.
The Nile in Legal and Political Perspective
Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.
The Common Good and Ecological Integrity
Proponents of the concept of ecological integrity argue that it is a necessary component of global governance on which the sustainable future of the planet and its inhabitants depends. This book presents the latest research and current thinking on the role of ecological integrity in support of life on Earth and the importance of governance for the common good, or the benefit of all. The book considers whether present forms of governance support the common good, or whether they are endangering its very foundations. It explores the connection between consumerism and capitalism, the destruction of natural resources and with it, the elimination of many of the ecosystem services that support life...
The UN Watercourses Convention in Force
At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of th...
Catholicism and Historical Narrative
Stories about the past shape not only the way people think about history, but also the way they act in the present. Nowhere is this truer than in the area of religion, which has been and continues to be a powerful motivating force in the lives of billions around the globe. In this volume, Catholicism and Historical Narrative: A Catholic Engagement with Historical Scholarship, contributors explore the way stories are constructed and show how a focus on Catholic figures and concerns challenges common understandings of important historical episodes and eras. Editor Kevin Schmiesing has gathered a distinguished group of scholars who, in various ways, call into question conventional story lines b...
Federalism and Inter-State River Water Disputes in India
This book examines the Union-State and inter-State relations concerning water issues in India. It analyses the federal structure in India and looks at its effectiveness in addressing the inter-state river water disputes in the country through three cases: the Cauvery, Krishna and Mahadayi Rivers water dispute. It probes into the physical, political, legal and constitutional measures taken by the Union government and the states to deal with the inter-State and Union-State tussles over inter-State river waters. The author studies the debate over centralisation and decentralisation of water resources, as well as the inter-state river water disputes that have aroused feelings of sub-nationalism in many regions of India. Finally, this book also examines socio-political tensions over multipurpose water projects and other supply-side infrastructures, and their efficacy in addressing India’s increasing water problems. This book will interest researchers and students of Environmental Politics, Political Science, Public Policy, Environmental Geography, Indian Politics, South Asian Studies, Environmental Economics, Environmental Policy, River Management, and Resource politics.
For the Sake of Present and Future Generations
Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’
To Kill Another
Basing his argument on natural law, Graham J. McAleer asserts that only public authority has the right to intentionally kill. He draws upon the work of Thomas Aquinas and Francisco de Vitoria, defending the claim that these natural law theorists have developed the best available theory of homicide. To have rule of law in any meaningful sense, the author argues, there must be protections for the guilty and prohibition against killing innocents. Western theories of law have drifted steadily towards the privatization of homicide,despite the fact that it runs counter to rule of law. Public acts of homicide like capital punishment are now viewed by many as barbaric, while a private act of homicid...
