Water rights : an international and comparative study / Desheng Hu, Professor of Law, Zhengzhou University, China.

Format:

Book

Author/Creator:

Hu, Desheng, author.

Series:

Water law and policy series.

Water law and policy series

Language:

English

Subjects (All):

Water rights.

Physical Description:

1 online resource (257 p.)

Place of Publication:

London : IWA Publishing, 2006.

Language Note:

English

Summary:

Employing an international and comparative analysis of international law as well as the domestic legal regimes of selected jurisdictions, i.e., China, South Africa and South Australia, Water Rights- An International and Comparative Studyidentifies the essential elements a well-structured water rights system, which ensures that the multiple functions of water resources are reasonably balanced, and the competing water needs are properly taken into consideration, and under which the economic, social and environmental values of water resources co-exist equitably in harmony. This book is the first to discuss water rights holistically, i.e., putting the three aspects of water rights (the property right of water resources, the human right to water and the environmental right to water) into a single, well-organised water rights system under the principle of sustainable development. Following the Introduction, Water Rightshas six chapters. Chapter Two develops an analytical approach to be applied in the following four chapters. After the problems concerning water rights in China are identified, the three aspects of water rights both in international law and domestic water laws of South Africa and South Australia are discussed. In Chapter Six, principles and structure that should be employed for designing an ideal water rights system or improving and perfecting an existing one are recommended. With these recommendations, the definitions of water resources and the three aspects of water rights are analysed. Specific amendments to the China Water Law 2002 are proposed. Finally, this work concludes with explanations of the basis for the recommendations presented. This book will be a valuable reference for all those concerned with water rights, including lawyers, hydrologists and water resources managers.

Contents:

""Cover""; ""Copyright""; ""Contents""; ""Preface""; ""Abbreviations""; ""Dedication""; ""1. Introduction""; ""2. Water Resources and Water Rights: An Overview""; ""2.1 Water Resources and Its Utilisations""; ""2.1.1 Definition of water resource""; ""2.1.2 Utilisation of Water Resources""; ""2.1.3 Conclusion""; ""2.2 Evolution of Water Rights""; ""2.2.1 Water rights: a changing concept""; ""2.2.2 Pre-administration system period""; ""2.2.3 Administration system period""; ""2.3 Water Rights: the Property Right on Water Resources""; ""2.4 Water Rights: the Human Right to Water""

""2.4.1 Introduction""""2.4.2 State practice""; ""2.4.3 Conclusion""; ""2.5 Water Rights: the Environmental Right to Water""; ""2.5.1 The intrinsic value and the right of the environment""; ""2.5.2 The legal status of the environmental right to water""; ""2.6 Conclusion""; ""3. Water Rights in China: Law, Practice and Problems""; ""3.1 Water Resources Situation in China""; ""3.1.1 Water resources and its utilisation""; ""3.1.2 Main issues in water utilisation""; ""3.2 Chinese Legal System: an Overview""; ""3.2.1 Evolution of Chinese legal system""

""3.2.2 Legislative bodies and hierarchy of laws""""3.2.3 Current Chinese legal system""; ""3.2.4 Water legal norms""; ""3.3 Definition of Water Resource""; ""3.3.1 What is water resource?""; ""3.3.2 Difference between “water� and “water resource�?""; ""3.4 Property Right on Water Resources""; ""3.4.1 Ownership on water resources""; ""3.4.2 Right to draw water and use right on water resources""; ""3.4.3 Problems identified""; ""3.5 The Human Right to Water""; ""3.5.1 Legal Provisions""; ""3.5.2 Practice""; ""3.5.3 Problems identified""; ""3.6 The Environmental Right to Water""

""3.6.1 Legal provisions""""3.6.2 Practice""; ""3.6.3 Problems identified""; ""3.7 Conclusion""; ""4. The Influence of International Law""; ""4.1 Introduction""; ""4.2 The Human Right to Water""; ""4.2.1 The legal status of the human right to water""; ""4.2.2 The legal content of the human right to water""; ""4.2.3 The obligations of the States""; ""4.2.4 Implementation at national level""; ""4.3 The Environmental Right to Water""; ""4.3.1 The legal status of the environmental right to water""; ""4.3.2 The legal content of the environmental right to water""

""4.3.3 The obligations of the States""""4.3.4 Implementation at national level""; ""4.4 Conclusion""; ""5. Water Rights Systems in South Africa and South Australia""; ""5.1 Justification of Selection""; ""5.2 Legal Regime in South Africa""; ""5.2.1 General introduction""; ""5.2.2 Water resource and water use""; ""5.2.3 The human right to water""; ""5.2.4 The environmental right to water""; ""5.3 Legal Regime in South Australia""; ""5.3.1 General introduction""; ""5.3.2 Definition of water resource""; ""5.3.3 Property right on water resources""; ""5.3.4 The environmental right to water""

""5.4 Conclusion""

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed April 10, 2014).

ISBN:

9781780402444

1780402449