The Evolution of the Law and Politics of Water

This volume presents an overview of global trends in water law and policy and assesses current global water governance. It identifies the key research questions for water law and policy while providing an overview of the current global water governance regime.

According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, 'Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!' In much the same way, Jewish law can be described in one wordTorah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal sourcethe Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.

Unique combination of national case studies and thematic chapters exploring the historical evolution and current status of water law and governance The first publication to introduce a theory of water law change and development A study of the interaction of culture, religion, government and law in water governance and management

Klappentext

The Evolution of the Law and Politics of Water presents an overview of global trends in water law and policy and assesses current global water governance. It provides an historic understanding of how and why after 5,000 years of water governance, that governance still has not reached stability. It identifies the key research questions for water law and policy while providing an overview of the current global water governance regime, its evolving characteristics, and the legal theories involved in these changes. It focuses on water law and discusses the characteristics of national, supranational, and international water law through a combination of case studies and thematic chapters.

The Evolution of the Law and Politics of Water is the first volume to take a global perspective on the evolution of water law and policy. It describes global patterns and sets forth the particulars of eight national legal systems drawn from every continent and five regional or supranational systems, as well as the body of customary international law as a whole. In particular, it is the first book to explore the interrelation between culture, religion, government and law in water governance and management. The volume is, therefore, a must-read for anyone interested in how water governance has changed through time and in different places as well as anyone interested in how water law has sought to channel water governance through time and in different places and what variables account for the relative success (or lack of success) of water law in performing this channelling function. It is suggestive of possible lines of water law reform and whether a particular reform is likely to be successful.

Inhalt
The Evolution of Global Water Law.- Mesopotamia: A History of Water and Law.- Islamic Law and the Politics of Water.- Water in the Jewish Legal Tradition.- Evolving National Law and Politics.- Brazil: The Evolution of the Law and Politics of Water.- South Africa: The Development of Water Law.- East African Water Regimes: The Case of Kenya.- Israel: The Evolution of Water Law and Policy.- Russia: Historical Dimensions of Water Management.- India: Evolution of Water Law and Policy.- Australia: The Problem of Sustainability in Water.- United States: The Allocation of Surface Waters.- United States: The Emergence of Environmental Considerations.- Evolving Supranational and Regional Water Law and Politics.- European Community Water Policy.- Southern Africa: Evolving Regional Water Law and Politics.- The Jordan Basin: Evolution of the Rules.- The North American Great Lakes.- The Río de la Plata Basin.- Current Trends in International Water Law.- Case Law on International Watercourses.- International Cooperation on Water Resources.- Public Participation in Water Governance.- The Market Alternative.- Conclusions.- The Challenges for the Twenty-First Century: A Critical Approach.