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Book (series)Customary water rights and contemporary water legislation: mapping out the interface 2008
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No results found.Many questions about customary legal developments go unexplained if no recourse is made to the connection between legal and economic systems. Since time immemorial they interact, justify and fertilise each other. Most of all, if we believe that customary laws and justice develop and transform themselves, the question is: how much does economic development influence legal institutions and rules? An historical, inter-sectoral juridical (and economic) approach is necessary to define differences bet ween customary and modern systems, because these systems were born as a result of specific historical circumstances and will eventually die out or be replaced. A historical and anthropological dimension has been incorporated in this paper, as a sound understanding of current customary laws and practice is incomplete without reference to colonial and pre-colonial water use and management practices. -
Book (series)Land and water: the rights interface 2004
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No results found.This paper is concerned with the interface between land tenure rights and water rights. Such rights relate to what are arguably the most important natural resources of the modern nation-state. Land, in the form of territory, is a pre-requisite for a state’s existence while freshwater is a pre-requisite for life. The relationship between these two resources is of equal significance. Water is necessary for most productive uses of land. In a growing number of countries with arid climates the main constraint to agricultural growth is the availability of water rather than land. To ensure sustainability, the need for an integrated approach to the use and management of these resources is increasingly recognised. -
Book (series)Modern water rights
Theory and practice
2006Also available in:
No results found.This publication offers a fresh look at the theory and practice of modern water rights, from a comparative law angle. It sheds light on a number of key features of such rights, and contrasts these to traditional forms and kinds of water rights. It teases out and discusses the relevant problematique, including in particular that elicited the sale and leasing of water rights. Finally, a stock-taking and assessment of modern water rights systems impacts are volunteered. This publication complements two earlier issues featured in the FAO Legislative Studies series, i.e. Water rights administration - Experience, issues and guidelines (No. 70 of 2001), and Preparing national regulations for water resources management - Principles and practice (No. 80 of 2003). The former illustrates and discusses the practicalities of implementing and administering the modern systems of water rights which are at the centre of this publication. The latter provides a systematic account of the administrative lifecycle of modern water rights, as reflected in regulatory legislation. These three publications combined provide a rounded review and, in part, a critical analysis of the theory and practice of modern water rights. It is hoped that they will be of inspiration and use in the process of reforming water laws in general, and the laws concerning water rights in particular.
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