Management of water resources in the light of the proposed reform of water law in Poland

AbstractSince the adoption of the General Act of Berlin in 1885, which dealt,inter alia, with the Niger River, more agreements have been contracted for the management of some of the shared watercourses in West Africa, particularly in the post-colonial era. Although only six out of its numerous shared watercourses are regulated by legal instruments, West Africa contributed through these agreements to the development of international water prior to the adoption of theunWatercourses and theuneceWater Conventions in the 1990s. Initial instruments dealt primarily with navigation, while later agreements addressed the need for co-operation and incorporated other principles of customary international water law. The two conventions have, no doubt, influenced this trend, raising the question of whether riparian states in West Africa need to be parties to either or both water conventions to enhance management, sharing, and protections of their shared watercourses.

Download Full-text

Problems of Definitions in International Water Law

Journal of Foreign Legislation and Comparative Law ◽

10.12737/article_58ec9f588f5054.20431207 ◽

2017 ◽

pp. 133-138

Author(s):

Юлия Случевская ◽

Yuliya Sluchevskaya

Keyword(s):

Water Resources ◽

River Basin ◽

Drainage Basin ◽

Legal Regulation ◽

Water Law ◽

International Rivers ◽

Transboundary Waters ◽

International Water Law ◽

International Water ◽

International River

The article studies one of the basic definitions of International Water Law – “transboundary waters”. It is noted the altered priorities of the use of water resources as well as new methods used in the natural sciences, especially in the hydrology, have an impact on the content of this definition. It is investigated the correlation of such definitions as “transboundary waters”, “transboundary watercourses”, “international watercourses”, “international river basin”, “international drainage basin”, “international rivers”, “international lakes”. It is analyzed sources of international water law, which was elaborated terminology and definitions, it is traced their evolution. The author points out the following features of the definition “transboundary waters”: 1) these include surface water and groundwater; 2) they cross the border between two or more states are located on boundaries; 3) the use of transboundary waters affects the interests of two or more states; 4) the special legal regulation of their use (the doctrine of absolute sovereignty over water resources are located within of boundaries of the state; the doctrine of belonging of transboundary waters to all states of the international drainage basin; the doctrine of optimal development of the river basin; the doctrine of limited sovereignty; the doctrine of the priority); 5) specific requirements for the protection of ecosystems of transboundary waters; 6) the large conflict potential in use of water resources.

Download Full-text

Menyoroti Sejarah Perkembangan Undang-Undang tentang Air Pengairan dan Sumber Daya Air

Forum penelitian Agro Ekonomi ◽

10.21082/fae.v33n1.2015.33-46 ◽

2015 ◽

Vol 33 (1) ◽

pp. 33 ◽

Cited By ~ 2

Author(s):

Effendi Pasandaran

Keyword(s):

Water Resources ◽

Water Governance ◽

Green Revolution ◽

Historical Context ◽

Bank Loan ◽

Fourth Generation ◽

Water Law ◽

Agricultural Export ◽

The Third ◽

Three Generations

English From the viewpoint of historical perspective Indonesia has experienced three generations of water law namely Algemeen Water Reglement (general water law), year 1936, Law No 11 of 1974 and Law No 7 Year 2004 on water resources. The purpose of this paper is to study factors considered as the drivers of the emergence of each generation of law. The analysis of historical context identified the dominant factors. The three generations of law are driven by various factors in response to the emerging political interests. In the first, ethical politics, development of hydraulic technology, and the interest to support agricultural export commodity are important driving factors. In the second, green revolution technologies, and the political interest to achieve rice self- sufficiency are dominant factors while that of the third is influenced by politics of bureaucracy in the aftermath of economic crisis of 1998, economic liberalization as condition for the World Bank loan, and global political pressure to implement integrated water resources management. By the cancelation of the third generation of law Indonesia is stepping toward the fourth generation of law which has to be prepared in accountable manner based on the principles of good water governance. Indonesian Dari perspektif sejarah, Indonesia telah mengalami tiga generasi undang-undang yang terkait dengan air, yaitu Algemene Water Reglement tahun 1936, Undang-Undang No. 11 Tahun 1974 tentang Pengairan, dan UU No. 7 Tahun 2004 tentang Sumber Daya Air. Tulisan ini bertujuan mempelajari faktor-faktor penyebab munculnya undang-undang pada setiap generasi dan mengusulkan langkah-langkah kebijakan untuk mempersiapkan undang-undang generasi keempat. Berdasarkan konteks sejarah diidentifikasi faktor-faktor dominan yang menjadi pemicu munculnya undang-undang pemicu. Ketiga generasi undang-undang tersebut dipicu oleh berbagai faktor sebagai respons terhadap berbagai kepentingan politik yang muncul. Pada generasi pertama, politik etika, perkembangan teknologi hidrolika, dan kepentingan ekspor komoditas pertanian merupakan faktor-faktor pemicu. Pada generasi kedua, teknologi revolusi hijau dan kepentingan politik mencapai swasembada beras merupakan faktor dominan, sedangkan undang-undang generasi ketiga dipengaruhi oleh perkembangan birokrasi politik pasca krisis ekonomi tahun 1998, liberalisasi ekonomi sebagai persyaratan bantuan Bank Dunia, dan tekanan politik global untuk melaksanakan pengelolaan sumber daya air terpadu. Dengan dibatalkannya undang-undang generasi ketiga, Indonesia memerlukan undang-undang generasi keempat yang perlu disiapkan dengan lebih bertanggung jawab dan didasarkan pada prinsip-prinsip tata kelola air yang baik.

Download Full-text

Kodeksowe pozwolenie zintegrowane a sektorowe pozwolenie wodnoprawne - doświadczenia niemieckie

Studia Prawnicze / The Legal Studies ◽

10.37232/sp.2017.2.5 ◽

2017 ◽

pp. 115-127

Author(s):

Jerzy Rotko

Keyword(s):

Water Resources ◽

Environmental Law ◽

Theory And Practice ◽

The Other ◽

Water Law ◽

Extensive Literature ◽

Special Role ◽

Federal States ◽

History Of ◽

Made In

The author takes the issue of individual administrative acts aimed at rational use of the environment. He is focused on the German experiences. The rationale for this choice is, on one hand, a considerable number of such instruments, provided especially in the water law. On the other hand it is an significant and extensive literature devoted to such instruments. Special role in the development of doctrine played the work on the code of environmental law, which was the central point of an integrated permit. Although there has been no adoption of the Code, but accumulated experiences influence the theory and practice of application of this law. Proof of this is also a history of Water Resources Act, passed in 2009. The need for the adoption of this Act was the result of the consequences of competence changes made to the constitution. These changes were made in order to allow the adoption of the Code. In the new law types of water permits known from previous regulations were repeated, but also there were added selected solutions for environmental integrated protection. That was modeled on the draft Code. It was also added one kind of permission functioning in legislation of federal states.

Download Full-text

Water use Practice and Water Law in Kurdistan Region: How can Sustainability be Achieved?

Environmental Policy and Law ◽

10.3233/epl-201011 ◽

2020 ◽

pp. 1-11

Author(s):

Salam Abdulqadir Abdulrahman

Keyword(s):

Water Resources ◽

Water Use ◽

Current Practice ◽

Water Law ◽

Kurdistan Region ◽

Water Sustainability ◽

Iraqi Kurdistan

Iraqi Kurdistan Region (IKR) has more water resources than the rest of Iraq to the point that it can be water sufficient if water resources are well managed, nevertheless these resources are currently facing depletion and they are increasingly polluted. This paper reviews water use practice in IKR and its existing laws on water from the sustainability angle. It finds that the current practice of water use is devastating to water sustainability and that the laws need further improvement and better enforcement on the ground.

Download Full-text

CHINA'S WATER LAW: FEATURES OF FORMATION AND FUNCTIONING

Пробелы в Российском законодательстве ◽

10.33693/2072-3164-2021-14-6-029-035 ◽

2021 ◽

Vol 14 (6) ◽

pp. 29-35

Author(s):

JU DONG ◽

◽

WANG JUNTAO ◽

Anna MATVEEVSKAYA ◽

Keyword(s):

Water Resources ◽

Market Economy ◽

State Ownership ◽

Media Analysis ◽

Market Mechanism ◽

Law Reform ◽

Water Law ◽

Law System ◽

The World ◽

The Government

The system of water law in China is built differently than in many countries of the world. It emerged from a planned economic system, a traditional society in which agriculture was the majority, and a rapid stage of industrialization and urbanization. It has its own characteristics. Proceeding from the premise of compliance with the fundamental system of the socialist market economy, the main characteristics of the reform and construction of the water law system in China are: compliance with the system of state ownership of state and collective water resources, and the introduction of a management system based on government leadership, full control, priority and regional coordination. Through gradual reforms, such as pilot projects, the marketization process will be accelerated and the market mechanism will be used to optimize the allocation of water resources. The purpose of the work. By analyzing the water legislation of China, to study the characteristics, the direction of the reform of water law and the ways of building the water law system of China. Methods. Empirical research methods, search and analysis of information from mass media, analysis and comparison of data, comparison and generalization were used in the work. Results. Through the study of the water law system in China, it was possible to identify the main direction of water law reform, which corresponds to the general trend of water law reform in the world, which is that the government assumes a leading role and fully uses the role of the market economy in optimizing the allocation of resources.

Download Full-text