Kirjahaku

First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India.This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments.

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource. Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries. This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.

The realisation of the human right to water and sanitation is one of the crucial challenges that many countries face today. This has been recognised in general policy terms with the inclusion of a water and sanitation goal in the Millennium Development Goals, and in legal terms, there has been steady progress towards the recognition of the right. Thus, the human right to water and sanitation is now firmly recognised in a number of countries and has gained increasing acceptability at the international level, even though it is yet to be explicitly included in one of the general human rights treaties.This book analyses the right to water and sanitation at both the international level and national levels. Looking at international legal dimension the book focuses on the recognition of the right in human rights instruments, the water and sanitation content of other human rights in particular the rights to health, food and equality, and the other international law instruments whose content impacts the realisation of the right to water and sanitation such as the Water and Health Protocol to the UNECE Watercourses Convention.At a national level the book examines India a country where the existence of a fundamental right to water and sanitation is largely uncontested. The book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the right in both rural and urban areas. The book also examines ongoing and proposed reforms to the law and policy in India. The lessons from the Indian experience provide the basis for proffering a series of recommendations concerning the content of the right and its realisation in practice. The Indian experience also provides the basis for a series of other conclusions concerning the link between the national and international legal regimes, finding that in a context of increasing global water scarcity and where climate change will have significant impacts on the global water cycle it is impossible to conceive the human right to water and sanitation only in its national dimension.

This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.

This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.