International Environmental Law Research Guide

River systems around the world are degraded and are being used unsustainably. Meeting this challenge requires the development of flexible regimes that have the potential to meet essential consumptive needs while restoring environmental flows. This book focuses on how water trading frameworks can be repurposed for environmental water recovery and aims to conceptualise the most appropriate role for law in supporting recovery through these frameworks. The author presents a comprehensive study of the legal frameworks in four jurisdictions: the states of Oregon and Colorado in the western United States; the province of Alberta in Canada; and the Murray-Darling Basin in Australia/Basin State of New South Wales. A close comparative analysis of these four jurisdictions reveals a variety of distinctive regulatory arrangements and collaborations between public and private actors. In all cases. the law has been deployed to steer and coordinate these water governance activities. The book argues that each regime is based on a particular regulatory strategy, with different conceptions of the appropriate roles for, and relationships between, various actors and institutions. Legal frameworks do not have the capacity to rationalise and provide an overarching and absolute solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context. The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management. This book will appeal to academics in environmental law, as well as researchers and project groups in organizations dealing with water management and human rights

A sweeping, policy-oriented account of the private and public management of the world's essential natural resource. Governments dominated water management throughout the 20th century. Tasked with ensuring a public supply of clean, safe, reliable, and affordable water, governmental agencies controlled water administration in most of the world. They built the dams, reservoirs, and aqueducts to store water when available and move that water to areas with increasing populations and economies. Private businesses sometimes played a part in managing water, but typically in a supporting position as consultants or contractors. Today, given the global need for innovative new technologies, institutions, and financing to solve the freshwater crisis, private businesses and markets are playing a rapidly expanding role, bringing both new approaches and new challenges to a historically public field. In Liquid Asset, Barton H. Thompson, Jr., examines the growing position of the private sector in the "business of water." Thompson seeks to understand the private sector's involvement in meeting the water needs of both humans and the environment, looks at the potential risks that growing private involvement poses to the public interest in water, and considers the obstacles that private organizations face in trying to participate in a traditionally governmental sector. Thompson provides a richly detailed analysis to foster both improved public policy and responsible business behavior. As the book demonstrates, the story of private businesses and water offers a window into the serious challenges facing freshwater today and their potential solutions.