Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic ...
More
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.Less
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0008
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the ...
More
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.Less
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It ...
More
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.Less
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.
