The Evolution of the Law and Politics of Water

ISBN-13: 9781402098666 / Angielski / Twarda / 2009 / 413 str.

Joseph W. Dellapenna; Joyeeta Gupta

Opis

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 word Torah. 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 source the 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."

Recenzje

From the reviews:

"The volume contains articles on case law on international watercourses, on the concept of international cooperation, on public participation, and on water markets. ... The value of The Evolution of the Law and Politics of Water lies primarily in the individual articles. ... all articles contain interesting information for those interested in the specific case and some articles are relevant for anyone interested in the evolution of water law in general." (Erik Mostert, Water History, Vol. 1, 2009)

"This edited book is a welcome addition to the existing scholarly knowledge on water law and policy. It can serve as a useful reference volume as it provides the reader with a wide range of cases to consider the evolution of water law and policy through varied lenses. It is a useful resource for scholars, academic researchers, practitioners, and members of the public who are interested in exploring the evolution of water law over different spatial and temporal scales." (Lovleen Bhullar, Environment and Planning C: Government and Policy, Vol. 29, 2011)

Spis treści

PART 1. Introduction.- 1. The Evolution of Global Water Law.- 2. Mesopotamia: A History of Water and Law.- 3. Islamic Law and the Politics of Water.- 4. Water in the Jewish Legal Tradition.- PART 2. Evolving National Law and Politics.- 5. Brazil: The Evolution of the Law and Politics of Water.- 6. South Africa: The Development of Water Law.- 7. East African Water Regimes: The Case of Kenya.- 8. Israel: The Evolution of Water Law and Policy.- 9. Russia: Historical Dimensions of Water Management.- 10. India: Evolution of Water Law and Policy.- 11. Australia: The Problem of Sustainability in Water.- 12. United States: The Allocation of Surface Waters.- 13. The United States: The Emergence of Environmental Considerations.- PART 3. Evolving Supranational and Regional Water Law and Politics.- 14. European Community Water Policy.- 15. Southern Africa: Evolving Regional Water Law and Politics.- 16. The Jordan Basin: Evolution of the Rules.- 17. The North American Great Lakes.- 18. The Río De La Plata Basin.- PART 4. Current Trends in International Water Law.- 19. Case Law on International Watercourses.- 20. International Cooperation on Water Resources.- 21. Public Participation in Water Governance.- 22. The Market Alternative. PART 5. Conclusions.- 23. The Challenges for the 21st Century: A Critical Approach.- Index.

Blurb

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.