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Rights over Flowing Water

Anthony Scott and Georgina Coustalin

in The Evolution of Resource Property Rights

Published in print:
2008
Published Online:
May 2008
ISBN:
9780198286035
eISBN:
9780191718410
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198286035.003.0003
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter follows the evolution of rights to use or enjoy streams and lakes. It distinguishes legally ‘land-based’ systems from those that are ‘use-based’. Tracing the alternation or cycling of ... More


Towards an Alternative Framework for Water Law Reforms

Philippe Cullet

in Water Law, Poverty, and Development: Water Sector Reforms in India

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199546237
eISBN:
9780191705519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546237.003.0007
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter builds on the critical analysis of ongoing water law reforms undertaken in the previous two chapters and suggests some alternatives. It emphasizes some possible new conceptual bases for ... More


Governing Common Resources: Environmental Markets and Property in Water

Lee Godden

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0020
Subject:
Law, Public International Law, Environmental and Energy Law

Environmental markets, in concert with the rise of property-based instruments to regulate natural resources, have gained ascendancy in many areas once the preserve of more traditional forms of legal ... More


Evolution of Water Law

Philippe Cullet

in Water Law, Poverty, and Development: Water Sector Reforms in India

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199546237
eISBN:
9780191705519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546237.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which ... More


From Water Sector Reforms to Law and Policy Reforms

Philippe Cullet

in Water Law, Poverty, and Development: Water Sector Reforms in India

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199546237
eISBN:
9780191705519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546237.003.0004
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyzes the policy context within which water law reforms are introduced. It examines the basic principles that underlie existing water sector reforms, in particular the concept of ... More


The Human Right to Water Versus Investor Rights: Double-Dilemma or Pseudo-Conflict?

Pierre Thielbörger

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0020
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter recalls that the human right to water is still not clearly accepted as a binding human right in international law. This absence of a clear legal status makes the settlement of important ... More


Regulation of Domestic and Livelihood Water

Philippe Cullet

in Water Law, Poverty, and Development: Water Sector Reforms in India

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199546237
eISBN:
9780191705519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546237.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter examines law and policy reforms concerning drinking water. It emphasizes drinking water over other law reforms considered in Chapter 4 because of the direct link with the realization of ... More


Nuisance

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0025
Subject:
Law, Legal History

While there had always been problems caused by smoke, or by polluted water, noise or overcrowding, they were significantly magnified in the 19th century as a result of rapid industrialization and ... More


A History of Water Rights at Common Law

Joshua Getzler

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.001.0001
Subject:
Law, Environmental and Energy Law

This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. ... More


The Establishment of Modern Riparian Doctrine

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0007
Subject:
Law, Environmental and Energy Law

This chapter begins with a discussion of the influence of civilian and American riparian doctrine in the 19th century. It then discusses the rights to underground watercourses, and the assignability ... More


Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Michael Taggart

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.001.0001
Subject:
Law, Human Rights and Immigration, Legal History

The case of The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner — in this case, Edward Pickles ... More


Analysing Water Control: Interdisciplinarity, Socio-technical Approach, and Institutions in Water Management

Dik Roth and Linden Vincent

in Controlling the Water: Matching Technology and Institutions in Irrigation Management in India and Nepal

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082927
eISBN:
9780199082247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082927.003.0002
Subject:
Sociology, Science, Technology and Environment

This chapter first argues for a deeper understanding of the social, technical, and institutional dimensions of irrigation, their interactions, and the multiple ways in which they are embedded in a ... More


Servitude Doctrine in Early Law

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0003
Subject:
Law, Environmental and Energy Law

Water rights in England developed first through the application of title and nuisance actions to land-use disputes, and then by the adaptation of Roman law doctrine as lawyers categorized the results ... More


The Exploitation of Water in Historical Perspective

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0002
Subject:
Law, Environmental and Energy Law

This chapter investigates the economic history of water use and introduces the characteristic problems of private water law. It examines how water power became the technological foundation of ... More


The Common Law of Riparian Rights 1580–1750

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0004
Subject:
Law, Environmental and Energy Law

This chapter discusses conceptions of water law in the 15th and 16th centuries. Topics covered include the use of the maxim sic utere tuo ut alienum non laedas to explain natural rights, protection ... More


Blackstone’s and Hale’s Doctrines of Land and Water Use

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0005
Subject:
Law, Environmental and Energy Law

In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but ... More


Irrigation Technology, Agro-ecology, and Water Rights in the Mid-hills of Nepal

Dik Roth and Linden Vincent

in Controlling the Water: Matching Technology and Institutions in Irrigation Management in India and Nepal

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082927
eISBN:
9780199082247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082927.003.0006
Subject:
Sociology, Science, Technology and Environment

Design of irrigation infrastructure in Farmer-managed Irrigation Systems (FMISs) is not only shaped by engineering and agronomic principles, but also strongly influenced by features of the local ... More


Conclusion

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0008
Subject:
Law, Environmental and Energy Law

This chapter argues that the history of English riparian law is a story of the evolution of institutions and agencies able effectively to enforce the norms of commons management. Those norms and ... More


Water Law Regimes

Niall Whitty

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0011
Subject:
Law, Constitutional and Administrative Law, Legal History

The development of the Scots law of water rights broadly follows the familiar three-stage pattern found in areas throughout Scots law: a first medieval reception of English (Glanvillian) law, ... More


Corporate Human Rights Obligations under Economic, Social, and Cultural Rights

Brigit Toebes and Jernej Letnar Černič

in Globalization, International Law, and Human Rights

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198074151
eISBN:
9780199080830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074151.003.0001
Subject:
Law, Human Rights and Immigration

This chapter explores a contemporary debate in relation to the safeguarding of certain human rights and the controversy between the State and non-state actors, i.e., corporate organizations. It ... More


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