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Land and water: the rights interface









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    Book (series)
    Land and water – the rights interface 2004
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    This publication explores various aspects of the interface between water rights and land tenure. It is intended to synthetize and assess current learning on this topic, to define salient issues and to propose fruitful approaches for further investigation.
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    The Interface between Customary and Statutory Water Rights - A Statutory Perspective 2005
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    This paper will contribute to mapping out the area of interface of customary water rights and statutory water rights. Based on original surveys and analyses of water legislation and customary water rights and practices in Canada (Nowlan 2004), Ghana (Sarpong 2004), Guyana (Janki 2004), and Nigeria (Kuruk 2004), as well as a brief analysis of the contemporary legislation of Argentina, Indonesia, and Namibia, this paper will (a) review the extent to which customary water-related practices and righ ts have been accounted for in water legislation, (b) analyze the approaches to reconciling such rights with the rights created by statute and administered by government, and (c) based on the analysis, flag emerging issues as well as sketch an agenda for future action.
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    Customary water rights and contemporary water legislation: mapping out the interface 2008
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    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.

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