Legal Rights for Rivers

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Author :
Publisher : Routledge
ISBN 13 : 0429889607
Total Pages : 202 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Legal Rights for Rivers by : Erin O'Donnell

Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Legal Rights for Rivers

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Author :
Publisher : Routledge
ISBN 13 : 9780367584160
Total Pages : 202 pages
Book Rating : 4.5/5 (841 download)

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Book Synopsis Legal Rights for Rivers by : Erin O'Donnell

Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2020-06-30 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new 'river persons, ' show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Should Trees Have Standing?

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Publisher : Oxford University Press
ISBN 13 : 0199774242
Total Pages : 264 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Should Trees Have Standing? by : Christopher D. Stone

Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

The Rights of Nature

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Publisher : ECW Press
ISBN 13 : 1770909664
Total Pages : 211 pages
Book Rating : 4.7/5 (79 download)

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Book Synopsis The Rights of Nature by : David R. Boyd

Download or read book The Rights of Nature written by David R. Boyd and published by ECW Press. This book was released on 17-09-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

Justice and Food Security in a Changing Climate

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Publisher :
ISBN 13 : 9789086869152
Total Pages : 0 pages
Book Rating : 4.8/5 (691 download)

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Book Synopsis Justice and Food Security in a Changing Climate by : European Society for Agricultural and Food Ethics. Congress

Download or read book Justice and Food Security in a Changing Climate written by European Society for Agricultural and Food Ethics. Congress and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN's Sustainable Development Goals saw the global community agree to end hunger and malnutrition in all its forms by 2030. However, the number of chronically undernourished people is increasing continuously. Ongoing climate change and the action needed to adapt to it are very likely to aggravate this situation by limiting agricultural land and water resources and changing environmental conditions for food production. Climate change and the actions it requires raise questions of justice, especially regarding food security. These key concerns of ethics and justice for food security due to climate change challenges are the focus of this book, which brings together work by scholars from a wide range of disciplines and a multitude of perspectives. These experts discuss the challenges to food security posed by mitigation, geoengineering, and adaptation measures that tackle the impacts of climate change. Others address the consequences of a changing climate for agriculture and food production and how the Covid-19 pandemic has affected food security and animal welfare.

The Boulder Canyon Project

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Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Boulder Canyon Project by : Wesley R. Nelson

Download or read book The Boulder Canyon Project written by Wesley R. Nelson and published by . This book was released on 1936 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding the Rights of Nature

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Publisher : transcript Verlag
ISBN 13 : 383945431X
Total Pages : 169 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Understanding the Rights of Nature by : Mihnea Tanasescu

Download or read book Understanding the Rights of Nature written by Mihnea Tanasescu and published by transcript Verlag. This book was released on 2022-01-31 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.

Rights of Nature

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Publisher : Routledge
ISBN 13 : 1000386139
Total Pages : 147 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Rights of Nature by : Daniel P. Corrigan

Download or read book Rights of Nature written by Daniel P. Corrigan and published by Routledge. This book was released on 2021-05-16 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article "Should Trees Have Standing?," the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy.

Laws of Rivers State of Nigeria

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Publisher : Worldwide Business Resources
ISBN 13 : 0956198813
Total Pages : 407 pages
Book Rating : 4.9/5 (561 download)

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Book Synopsis Laws of Rivers State of Nigeria by : Dr. Leesi Ebenezer Mitee

Download or read book Laws of Rivers State of Nigeria written by Dr. Leesi Ebenezer Mitee and published by Worldwide Business Resources. This book was released on 2011-09-24 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rivers State was created out of the former Eastern Nigeria on 27 May 1967 by virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, and inherited Eastern Nigeria legislation in accordance with section 1(5) of the said Decree. Consequently, legislation applicable to Rivers State as at 27 May 1967 consisted of the Laws contained in The Revised Edition of The Laws of Eastern Nigeria 1963 and those enacted between 1963 and 1967. Thereafter, Edicts were promulgated by the successive Military Governors of Rivers State between 1968 and 28 May 1999, interspersed with brief periods of democratic Government that enacted Laws. The first and only revision of the Laws of Rivers State of Nigeria was published as The Laws of Rivers State of Nigeria 1999 containing legislation still in force at that time. It should be noted that by virtue of section 3 of the Revised Edition (Laws of Rivers State of Nigeria) Law 1991, there may be Laws which, although omitted in The Laws of Rivers State of Nigeria 1999, still have the force of law, just like those included in it. Unfortunately, there is an operational disconnect between the enactment of legislation and their publication in the official form either in the Official Gazette or in bound annual volumes as required by law.Consequently, it becomes a Herculean task to search for every piece of legislation which may be hidden in volumes of files containing signed copies or among thousands of copies of the Official Gazette littered in several locations! Herein lies one aspect of the indispensability of this book, the first edition of which was published in 1994. Without this book, citizens, businesses, organisations, law enforcement agencies, lawyers, Customary Court Judges, Magistrates, High Court Judges, Federal High Court Judges, Justices of the Court of Appeal and the Supreme Court, various Rivers State Government Ministries and Departments, etc. may not be aware of some of the existing laws of Rivers State that are in force. The Author Dr Leesi Ebenezer Mitee holds a doctoral degree (PhD) of Tilburg University, The Netherlands; Master of Laws degree (LLM) of the University of Huddersfield, United Kingdom; Barrister-at-Law postgraduate professional law practice certificate (BL) of the Nigerian Law School, Lagos, Nigeria; Bachelor of Laws degree (LLB) and Higher National Diploma (HND) in Town Planning and Country Planning, both of the Rivers State University, Nigeria. Leesi, a former legal research national consultant to the United Nations Development Programme (UNDP)on the 1998 PCASED project and a legal research consultant to the government of Rivers State of Nigeria on the Laws of Rivers State, is the global pioneer advocate of the universal recognition of the right of free access to public legal information as a stand-alone or substantive human right. He discussed the concept of free access to public legal information and the proposal for its universal recognition elaborately in his 628-page PhD thesis, The Human Right of Free Access to Public Legal Information: Proposals for its Universal Recognition and for Adequate Public Access. His Human Right of Free Access to Public Legal Information (HURAPLA) website ( publiclegalinformation.com/ ) is dedicated to actualising the law-reform and policy-relevant proposals and recommendations in his PhD thesis. Dr Mitee's special research interests include different issues in the concept of the human right of free access to public legislation; legal informatics or legal information technology (the application of information technology to legal processes and specialised legal information systems); public access to indigenous customary law; indigenous rights; and legal systems. More resources on Dr Leesi Ebenezer Mitee's books are available on his Human Right of Free Access to Public Legal Information (HURAPLA) website ( publiclegalinformation.com/ ) and PublishThem.Com website ( publishthem.com/ ).

Water Law and Cooperation in the Euphrates-Tigris Region

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004258353
Total Pages : 437 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Water Law and Cooperation in the Euphrates-Tigris Region by : Aysegul Kibaroglu

Download or read book Water Law and Cooperation in the Euphrates-Tigris Region written by Aysegul Kibaroglu and published by Martinus Nijhoff Publishers. This book was released on 2013-08-22 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach builds on the increased attention for international water governance questions in the UN International Year of Water Cooperation (2013) to evaluate various management issues related to the Euphrates and Tigris rivers, with particular attention to the legal governing framework. Alongside contributions by legal scholars from the respective riparian countries on the national water law, the book offers a unique interdisciplinary perspective on political, hydrological and environmental aspects of water management in the region. Additionally, the overall legal implications of water sharing and water resource management are addressed analyzed, in a critical overview. Finally, Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach serves as a comprehensive analysis of modern water law in its inclusion of comparative studies of legal and institutional aspects of water management systems in other international river basins. Legal scholars, political scientists, specialists in conflict resolution, economists and policy-makers will find an essential new work in Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach.

The River Pollution Dilemma in Victorian England

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472404203
Total Pages : 275 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The River Pollution Dilemma in Victorian England by : Dr Leslie Rosenthal

Download or read book The River Pollution Dilemma in Victorian England written by Dr Leslie Rosenthal and published by Ashgate Publishing, Ltd.. This book was released on 2014-04-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

The Law of International Watercourses

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 562 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Law of International Watercourses by : Stephen C. McCaffrey

Download or read book The Law of International Watercourses written by Stephen C. McCaffrey and published by Oxford University Press, USA. This book was released on 2001 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.

Riparian Areas

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Publisher : National Academies Press
ISBN 13 : 0309082951
Total Pages : 449 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Riparian Areas by : National Research Council

Download or read book Riparian Areas written by National Research Council and published by National Academies Press. This book was released on 2002-10-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.

Water Transfers in the West

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Publisher : National Academies Press
ISBN 13 : 0309045282
Total Pages : 321 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Water Transfers in the West by : National Research Council

Download or read book Water Transfers in the West written by National Research Council and published by National Academies Press. This book was released on 1992-02-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American West faces many challenges, but none is more important than the challenge of managing its water. This book examines the role that water transfers can play in allocating the region's scarce water resources. It focuses on the variety of third parties, including Native Americans, Hispanic communities, rural communities, and the environment, that can sometimes be harmed when water is moved. The committee presents recommendations to guide states, tribes, and federal agencies toward better regulation. Seven in-depth case studies are presented: Nevada's Carson-Truckee basin, the Colorado Front Range, northern New Mexico, Washington's Yakima River basin, central Arizona, and the Central and Imperial valleys in California. Water Transfers in the West presents background and current information on factors that have encouraged water transfers, typical types of transfers, and their potential negative effects. The book highlights the benefits that water transfers can bring but notes the need for more third-party representation in the processes used to evaluate planned transfers.

Rivers in International Law

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Author :
Publisher : London : Stevens ; New York : Oceana Publications
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Rivers in International Law by : Friedrich Joseph Berber

Download or read book Rivers in International Law written by Friedrich Joseph Berber and published by London : Stevens ; New York : Oceana Publications. This book was released on 1959 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the main a translation of ... Die Rechtsquellen des internationalen Wassernutzungsrechts.

The Oxford Handbook of Environmental Political Theory

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Publisher : Oxford University Press
ISBN 13 : 0191508411
Total Pages : 528 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of Environmental Political Theory by : Teena Gabrielson

Download or read book The Oxford Handbook of Environmental Political Theory written by Teena Gabrielson and published by Oxford University Press. This book was released on 2016-01-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set at the intersection of political theory and environmental politics, yet with broad engagement across the environmental social sciences and humanities, The Oxford Handbook of Environmental Political Theory, defines, illustrates, and challenges the field of environmental political theory (EPT). Featuring contributions from distinguished political scientists working in this field, this volume addresses canonical theorists and contemporary environmental problems with a diversity of theoretical approaches. The initial volume focuses on EPT as a field of inquiry, engaging both traditions of political thought and the academy. In the second section, the handbook explores conceptualizations of nature and the environment, as well as the nature of political subjects, communities, and boundaries within our environments. A third section addresses the values that motivate environmental theorists—including justice, responsibility, rights, limits, and flourishing—and the potential conflicts that can emerge within, between, and against these ideals. The final section examines the primary structures that constrain or enable the achievement of environmental ends, as well as theorizations of environmental movements, citizenship, and the potential for on-going environmental action and change.