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Book (series)Technical studyCustomary 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)Technical studyThe Interface between Customary and Statutory Water Rights - A Statutory Perspective 2005
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No results found.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. -
Book (stand-alone)ProceedingsWater tenure perspectives
Proceedings of the Water Tenure Mondays webinar series
2024Also available in:
No results found.The Water Tenure Mondays webinar series was organized between 2021 and 2022 by FAO’s Knowing Water Better (“KnoWat”) project, funded by the Federal Ministry of Food and Agriculture of Germany. The papers in this publication are based on the webinar presentations and examine water tenure from a range of different perspectives.Raya Stephan describes water tenure in Islamic law. Mohamad Mova Al'Afghani, Lê Văn Chính and Stephen Hodgson present case studies from Indonesia and Viet Nam using the KnoWat water tenure assessment methodology. Srinivasa Srigiri, Waltina Scheumann and Tena Alamirew describe the impact of recent reforms on water tenure arrangements in the Awash River Basin, Ethiopia’s economic hub. A.J. James, M. Dinesh Kumar, Yugandhar Mandavkar and V. Suresh present a case study on water tenure in the Warna Sub-basin in Maharashtra State in India. Elena López-Gunn, Manuel Bea, Rosa Huertas, Laura Vay and Pedro Zorrilla-Miras analyse water tenure arrangements in two river basins in Spain: the Duero Basin and the Guadiana Basin. Julie Trottier traces the evolution of water tenure arrangements in Palestine and their close links to land tenure arrangements. Dubravka Bojic, Khadija Bourrarach, Mohamed Boutayeb and Domitille Vallee describe FAO’s long-term engagement in the Berrechid region in support of the Government of Morocco and the River Basin Agency of Bouregreg and Chaouia. Katomero, Hyera, Tondelo, Dugange and Brewer use a comparative case study of livelihood groups in the United Republic of Tanzania to analyse the roles of accountability and water tenure in improving water access for marginalized people. Hans Komakech presents three case studies, also from the United Republic of Tanzania, that describe “living” customary water tenure arrangements where customary practices and formal arrangements combine to create a hybrid tenure system at the local level. The relationship between customary law and formal law in the context of water tenure is the subject of Stefano Burchi’s paper, while the relationship between the requirements of formal law and customary law around water tenure in five African countries is analysed by Barbara Schreiner and Barbara van Koppen. Stephen Hodgson examines the relationship between water tenure and international water law. Finally, Sofia Espinosa Flor and Benjamin Kiersch present the benefits of a water tenure perspective for assessing water resources governance based on the pilot water tenure assessments undertaken in Rwanda, Senegal and Sri Lanka under the Knowat Project.
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