This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Effective water governance capacity is the foundation of efficient management of water resources. Water governance reform processes must work towards building capacity in a cohesive and articulated approach that links national policies, laws and institutions, within an enabling environment that allows for their implementation. This guide shows how national water reform processes can deliver good water governance, by focussing on the principles and practice of reform. RULE guides managers and decision makers on a journey which provides an overview of what makes good law, policy and institutions, and the steps needed to build a coherent and fully operational water governance structure.

This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.

Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.

This cutting-edge Handbook provides a global perspective on the current issues affecting water politics and governance. Focusing in particular on the policy-making process and the power dynamics that it involves, it showcases the emerging diversity of objectives, instruments and governance approaches in the field of water resources.

This book empirically examines a diverse range of groundwater issues and different approaches to deal with such concerns taking into account responses from government bodies, community organizations, scientists, private sector, and academia. The overarching objective of this book is to empirically examine groundwater governance and groundwater law. It aims to provide a better understanding of the complexities surrounding groundwater governance in order to reconceptualize and retheorize the governance of subterranean resources having as entry points equity and sustainability concerns. This involves understanding what people do when using, sharing, protecting, and measuring groundwater; and why do they do what they do, i.e., what are their motivations to resort to certain practices. This is done through the comparative and contrasting investigation of six case studies from countries from the Global North and Global South. It offers a different perspective of literature given that it explains how groundwater governance and law are in practice rather than what they should be. Additionally, the research presented in this book provides ideas on how to rethink the design and implementation of groundwater law grounded on empirically based descriptions and the understanding of groundwater problems.

Increasing scarcity, conflict, and environmental damage are critical features of the global water crisis. As governments, international organizations, NGOs, and corporations have tried to respond, Chilean water law has seemed an attractive alternative to older legislative and regulatory approaches. Boldly introduced in 1981, the Chilean model is the worlds leading example of a free market approach to water law, water rights, and water resource management. Despite more than a decade of international debate, however, a comprehensive, balanced account of the Chilean experience has been unavailable. Siren Song is an interdisciplinary analysis combining law, political economy, and geography. Carl Bauer places the Chilean model of water law in international context by reviewing the contemporary debate about water economics and policy reform. He follows with an account of the Chilean experience, drawing on primary and secondary sources in Spanish and English, including interviews with key people in Chile. He presents the debate about reforming the law after Chile‘s 1990 return to democratic government, as well as emerging views about how water markets have worked in practice. The resulting book provides insights about law, economics, and public policy within Chile and lessons for the countries around the world that are wrestling with the challenges of water policy reform.

This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

This book offers recent insights into some of the burning issues of our times: climate change, exposure to chemicals, refugee issues and the ecological harm that accompanies conflict situations. It brings together a group of pioneering scholars, mostly legal experts but also thinkers from various scientific disciplines, to discuss concerns from around the globe – from Australia and New Zealand, to Canada and the United States, European countries including Germany, Italy, Britain and the Czech Republic, as well as the African continent. Presenting the latest climate and ecology-related case law, as well as analyses of the conceptual issues that underlie international problems, it covers the extinction of species, the basic role of women and Indigenous peoples in protecting the environment, the failure of today’s states to protect the human right to a safe environment and public health, the harm arising from industrial food production, and the problems resulting from a growth-oriented economy. Lastly, the book examines various international legal principles and regulations that have been proposed to defend global ecological rights.