the evolution of the law and politics of water

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The Evolution Of The Law And Politics Of Water

Author : Joseph W. Dellapenna
ISBN : 9781402098673
Genre : Law
File Size : 68. 93 MB
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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.

The Oxford Handbook Of Water Politics And Policy

Author : Ken Conca
ISBN : 9780199335084
Genre : Political Science
File Size : 41. 24 MB
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This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs.

The Evolution Of A Nation

Author : Daniel Berkowitz
ISBN : 9780691136042
Genre : Business & Economics
File Size : 43. 72 MB
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Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions--such as climate, access to water transportation, and early legal systems--impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. The Evolution of a Nation illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

The Human Right To Water

Author : Inga T Winkler
ISBN : 9781847319630
Genre : Law
File Size : 35. 85 MB
Format : PDF
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The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.

Lawyers Swamps And Money

Author : Royal C Gardner
ISBN : 9781597268158
Genre : Law
File Size : 72. 5 MB
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Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

Out Of The Mainstream

Author : Rutgerd Boelens
ISBN : 9781849774796
Genre : Business & Economics
File Size : 71. 92 MB
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"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.

Water Policy Entrepreneurs

Author : Sander Meijerink
ISBN : 9781849803366
Genre : Nature
File Size : 73. 5 MB
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Unsurpassed in the scope of its coverage, this book explores like no other the roles of policy entrepreneurs and the causes of policy change across diverse political systems ranging from the developing world to the largest western democracies. The studies show how entrepreneurs work with outside donors, take advantage of windows of political opportunity, create those windows, and push the policy process in the direction they hope. They also show the limits to these strategies, and strategies that tend to fail. The book dramatically advances our understanding not only of change and stability in water policy, but of the policy process more generally. Frank R. Baumgartner, University of North Carolina, US This book is a theoretically and empirically grounded analysis of one of the world s most pressing problems: the management of water resources. The editors have assembled a remarkable collection of authors with a truly global outlook and an excellent grasp of contemporary water issues as well as modern theories of public policy and decision-making. The volume also demonstrates excellent applications of policy theory to current and pressing matters. It is a must-read for students and practitioners in water resources and will be influential to water policy and in environmental resource management and policy for years to come. Thomas A. Birkland, North Carolina State University, US This volume is a major achievement. It advances our knowledge of stability and change in water policy through case studies from around the world. Its focus on transitions instances of really major shifts in policy is particularly welcome at a time when challenges such as climate change force water policy makers to reconsider the very foundations of their regulatory frameworks and infrastructural policies. The volume goes beyond water policy, however. It makes a major contribution to the study of policy dynamics in general by offering an empirically grounded comparative analysis of policy entrepreneurs as change agents in policy networks. There has been much loose talk about policy entrepreneurs in the fields of public administration and public policy, but a dearth of empirical work underpinning the various claims made. This volume goes a long way towards filling that gap. Highly recommended for water experts and policy scientists alike. Paul t Hart, Australian National University, Australia and Utrecht University, the Netherlands This major volume focuses on the role of policy entrepreneurs in revolutionizing water management worldwide. Adopting an international comparative perspective, the authors explore the changes taking place in water policy across fifteen countries, at both the global level and within the European Union. Their analysis highlights the importance of groups and individuals in stimulating progress and reveals the crucial part played by policy entrepreneurs. Successful entrepreneurs use various strategies to initiate and implement change, including the framing and reframing of issues, the assembly of coalitions, venue shopping and the exploitation of windows of opportunity. In showcasing the role of entrepreneurs in achieving transitions and explaining their approach, this groundbreaking book presents an optimistic message for those who desire improvements in the way water is managed. This book will not only make a unique contribution to the current literature on transition management, but will also prove an invaluable tool for those keen to influence water policy management at the regional, national and international level. It will be of great interest to students and scholars of water resources and environmental management and governance, as well as practitioners in the fields of water and climate policy.

Empire Of Water

Author : David Soll
ISBN : 9780801468070
Genre : History
File Size : 21. 37 MB
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Supplying water to millions is not simply an engineering and logistical challenge. As David Soll shows in his finely observed history of the nation's largest municipal water system, the task of providing water to New Yorkers transformed the natural and built environment of the city, its suburbs, and distant rural watersheds. Almost as soon as New York City completed its first municipal water system in 1842, it began to expand the network, eventually reaching far into the Catskill Mountains, more than one hundred miles from the city. Empire of Water explores the history of New York City's water system from the late nineteenth century to the early twenty-first century, focusing on the geographical, environmental, and political repercussions of the city's search for more water. Soll vividly recounts the profound environmental implications for both city and countryside. Some of the region's most prominent landmarks, such as the High Bridge across the Harlem River, Central Park's Great Lawn, and the Ashokan Reservoir in Ulster County, have their origins in the city's water system. By tracing the evolution of the city's water conservation efforts and watershed management regime, Soll reveals the tremendous shifts in environmental practices and consciousness that occurred during the twentieth century. Few episodes better capture the long-standing upstate-downstate divide in New York than the story of how mountain water came to flow from spigots in Brooklyn and Manhattan. Soll concludes by focusing on the landmark watershed protection agreement signed in 1997 between the city, watershed residents, environmental organizations, and the state and federal governments. After decades of rancor between the city and Catskill residents, the two sides set aside their differences to forge a new model of environmental stewardship. His account of this unlikely environmental success story offers a behind the scenes perspective on the nation's most ambitious and wide-ranging watershed protection program.

The Dred Scott Case

Author : Don Edward Fehrenbacher
ISBN : STANFORD:36105002530280
Genre : History
File Size : 51. 5 MB
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Examines the legal bases of slavery and the long-term effects of the case on the American political, legal and judicial systems

Law Politics And Society

Author : Suzanne Samuels
ISBN : 0618376518
Genre : Education
File Size : 71. 97 MB
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This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, gender, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, gender, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts.

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