Jul 31 2017

Environmental Policy and Governance in China

Reviewed by Jessica Gordon, Massachusetts Institute for Technology 

China faces severe environmental challenges and its environmental policies and governance arrangements are in the process of changing.

Environment

edited by Hideki Kitagawa Environmental Policy and Governance in China, Springer, 2017, 198 pp.

China is facing severe environmental challenges including pervasive water, air and soil pollution. To address these issues, its environmental governance regime has undergone significant transformations. These include the emergence of new laws and regulations, new enforcement strategies, and increasing participation of the public and non-state actors. This edited volume provides a predominately historical and legal analysis of China’s unique environmental governance system.

The first chapter by Kitagawa reviews recent environmental policy reforms that have been implemented during the current Xi government. In Chapter 2, Wang examines the detailed changes in the drafts and final texts of the environmental protection law. This includes an overview of the latest, 2014 revisions, providing a useful historical perspective. In Chapter 3, Zhao examines the limited laws and regulations dealing with contaminated land, pointing out, for example, that there are no guidelines regarding soil pollution monitoring. In Chapter 4, Jin offers a legal analysis of the Target Responsibility System, which was created to ensure local compliance and enforcement of national policy in an effort to address widespread implementation gaps. In Chapter 5, He offers an economic analysis of coal resource taxation as a means of reducing fossil fuel use.

In Chapter 6, Sakurai presents a case study of a class action lawsuit brought by pollution victims, making it clear that the absence of an independent judiciary is significant given the ways in which various political bodies influence outcomes. In Chapter 7, Zhang examines environmental petitions, a means for citizens to report issues to the Chinese Communist Party. This is a long-standing alternative to litigation. Given the system’s current shortcomings, and drawing on cases from Japan, Taiwan and South Korea, the author suggests China ought to establish a new environmental dispute resolution system. In Chapter 8, Wang demonstrates how legislation related to Environmental Impact Assessment has provided increased opportunities for public participation. In Chapter 9, Chiashi looks beyond the state, at the role of environmental NGOs in industrial and air pollution control. In Chapter 10, Aikawa takes a historical look at the evolution of environmental NGOs in China.

Interestingly, several chapters focus on the increasing role of public participation, and its limitations, in environmental governance in China. Jin and Wang focus on environmental information disclosure requirements in conjunction with Environmental Impact Assessment requirements. Sakurai describes how the plaintiffs in the class action lawsuits formed an environmental advocacy organization, although it was later shut down. Chiashi and Aikawa focus on the increasing role that NGOs play in environmental policy-making and implementation.

Environmental Policy and Governance in China demonstrates the extensive environmental challenges that China still faces. The book chapters can easily be read individually, depending on the interests of the reader, and understood even by those unfamiliar with China’s legal system. The book includes extensive background information. However, the volume is most likely to engage those with a long-standing interest in China.


Jul 31 2017

Water: Abundance, Scarcity, and Security in the Age of Humanity

Reviewed by Andrea Beck, Massachusetts Institute of Technology 

Global water governance is based on the hidden philosophy of “normal water”––a finding with important ethical and ecological implications for water management in the Anthropocene. 

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by Jeremy J. Schmidt Water: Abundance, Scarcity, and Security in the Age of Humanity, New York University Press, 2017, 308 pp.

Is water governance guided by a comprehensive philosophy? Contrary to the prevailing wisdom, geographer Jeremy J. Schmidt answers this question in the affirmative: water governance is based on a hidden philosophy which conceptualizes water as a “resource” to be managed in support of liberal ways of life. Rooted in a particular confluence of early American geology and anthropology, this view of water has attained global dominance through strategies of international development. It has become accepted to the extent that its ethnocentric and utilitarian foundations now seem all but forgotten within the global water governance mainstream. Thinking about water as a resource is commonplace today. Schmidt seeks to challenge this complacency by opening our eyes to the fact that what appears to be “normal” is in fact a normative choice.

The bulk of the book traces the origins and subsequent globalization of the philosophy of “normal water.” Schmidt provides insights into the roots and evolution of the “narrative of abundance, scarcity, and security,” while also discussing the implications of this narrative for water management in the Anthropocene. While the accounts of the thinking of protagonists such as John Wesley Powell, William John McGee, David Lilienthal and Gilbert White are illustrative and engaging, frequent philosophical excursions render the book somewhat impenetrable for readers unfamiliar with the philosophical works of Hannah Arendt, Ludwig Wittgenstein, Søren Kierkegaard and several others.

If the book is meant to showcase the results of an interdisciplinary intellectual exercise, its purpose has been achieved. However, Schmidt seeks to go further, spelling out the applied implications of his work. What, specifically, are the problems with viewing water as a resource (a very fundamental question)? What are the mechanisms by which alternate place-based approaches to water are being oppressed or marginalized by “normal water?” Beyond recommendations addressed to social scientists (e.g., disrupt the colonial project of water management within academia, relativize existing “stopping rules”), what are possible action avenues for practitioners committed to promoting water justice and equity in the field? Addressing these questions more explicitly and extensively could enhance the transformative impact of the book and make its important message accessible to a wider audience.

 


Jul 31 2017

The Privatisation of Biodiversity? New Approaches to Conservation Law

Reviewed by J. W. Chun, Massachusetts Institute of Technology

Creating new ways of thinking about the value of biodiversity and hence new opportunities for biodiversity law and regulation

The Privatisation of Biodiversity

by Colin T. Reid and Walters Nsoh The Privatisation of Biodiversity? New Approaches to Conservation Law, Edward Elgar Publishing, 2016, 275 pp.

Despite many laws and policies aimed at protecting biodiversity, biodiversity losses continue to mount. Colin T. Reid and Walters Nsoh explore biodiversity regulation from a new perspective: as a value-creating opportunity rather than a set of restrictions. Their aim “is to identify not a single favoured solution, but the questions which have to be answered in designing a scheme that will meet the needs of the specific policy goals and the legal and physical context in which the mechanism is to be deployed.”

Reid and Nsoh divide their book into two sections. The first offers an overview of existing laws and regulations. The authors review some of the most “pervasive” issues surrounding various mechanisms used to conserve biodiversity. Although not exhaustive, their list includes uncertainty, exchangeability and units of trade, which must be considered in the design and implementation of new, market-oriented mechanisms. These pervasive issues have to be taken into account no matter what options are considered for better managing natural capital.

The second section of the book introduces a wide range of biodiversity protection mechanisms and discusses their practicalities. For each, the relevant legal construct and the actors typically involved are discussed. The authors emphasize that various mechanisms could almost always be applied. However, they argue that a more open, accountable, and holistic approach would be preferable.

The authors admit that there are limitations to their approach; for instance, it is rooted in “Western” concepts of law (i.e., they have a UK perspective). This may undermine its viability in certain contexts, limiting its application in locations where new mechanisms are needed the most. The Privatisation of Biodiversity is carefully organized, drawing attention to the importance of looking at biodiversity from a number of angles, particularly through a lens of market-driven mechanisms. The book provides a starting point for those who want to think about local biodiversity in new ways.


Jul 31 2017

Where the River Flows: Scientific Reflections on Earth’s Waterways

Reviewed by Sudhirendar Sharma

This review was first published in Current Science, July 10, 2017.

While the United States may have leveled off its water use to 1970 levels, in spite of both population and economic growth, the health of its rivers continues to remain a concern.

 

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by Sean W. Fleming, Where the River Flows: Scientific Reflections on Earth’s Waterways,  Princeton University Press, 2017, 216 pp.

Its global prevalence notwithstanding, the state of water in nature reflects our inadequate understanding of its intricate flow dynamics. Despite its abundance, access to water eludes millions of people, and the stress on the ecosystems involved continues to grow. More than one billion people lack access to clean water, and in the near future, the global demand for water will be twice what it is now. With no substitute for this life-nurturing fluid, it is more important than ever that we ask the right questions so we can get past the current muddle.

All rivers are alike in the broadest sense, but they have different meandering curves, diverse aquatic fauna and distinct morphological features. Unraveling this distinctiveness and the (unknown) variables that contribute to it are the challenges that confront hydrologists. Existing watershed models are insufficient. Indeed, many of the best modelers don’t rate their results too highly. Part of the problem, in the words of Belgian Nobel Laureate Ilya Prigogine, rests on our innate desire to simplify complexity. Unfortunately, reducing elaborate systems into simpler subsystems doesn’t necessarily help: we end up learning more about less. Such an approach is particularly unhelpful when we are trying to understand river hydrology. The uncertainty involved is a function of a great many environmental and social factors that shape stream flow and underlying aquifers.

Sean Fleming’s Where the River Flows calls for a paradigm shift. He favors a radical departure from the usual disciplinary thinking; indeed, since rivers are a reflection of the profound interrelationships between landscapes, ecosystems and societies, no disciplinary perspective can adequately address their complex dynamics. He believes that fractal mathematics along with chaos and information theory can be used to generate new insights into the overall patterns of river systems. As anthropogenic impacts on the natural environment (like climate change) accelerate, there is a need for both finer detailed forecasts (e.g., will my farm get rain next week?) and big picture understanding (e.g., will the river topple its banks this coming season?). New insights in both dimensions are critical to understanding the common but differentiated patterns that each river generates in its unique geomorphological setting.

Unfortunately, a counter narrative persists, making it harder to get a better sense of river hydrology. Damming, diversion and contamination pose formidable challenges, beyond the normal ecological complexity, to figuring out how to sustain healthy stream flows for human welfare and ecosystem survival. Be it the Mississippi, Ganges or Yangtze, river degradation has thrown off balance the delicate equilibrium between ever-increasing human populations and their relentless aspiration to stay adequately watered. The United States may have leveled off its water use to 1970 levels in spite of both population and economic growth, but the health of its rivers continues to remain alarming. While every drop of water pumped from the Colorado river is used at least 17 times, which may sound like good news, the net impact of all that pumping on the Gulf of California has grossly disrupted the hydrological cycle. River water hasn’t reached the delta since 1960.

Fleming calls for an entirely new way of viewing the natural environment, suggesting that we need to process vast and complex information to reconceptualize and understand the dynamics of the natural environment. But can reams of hard data and new quantitative modeling techniques give us a better sense of river systems that are not only dynamic but also living entities? As the need for more accurate, precise and consistent forecasts move center stage in our dealings with the rivers, somehow cultural perspectives must also be included. It is not clear how we can convert human observations into actionable information.

 


Apr 10 2017

The Climate Resilient Organization: Adaptation and Resilience to Climate Change and Weather Extremes

Reviewed by Jessica Gordon, Massachusetts Institute for Technology

Given the impacts of climate change, what are the things that private organizations can do to adapt?

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by Martina K. Linnenluecke and Andrew Griffiths The Climate Resilient Organization: Adaptation and Resilience to Climate Change and Weather Extremes, Edward Elgar Publishing, 2015, 222 pp

What is a climate resilient organization? Martina K. Linnenluecke and Andrew Griffiths’s call for integrating mitigation, adaptation and resilience recognizes that this will require efforts beyond the organization itself. They assert that “a future key activity will be to create climate change resilient organizations,” which can deal with gradual and extreme changes (v). This begs the question, why is this a future activity and not a present-day one, especially given their lengthy explanation of climate impacts.

The book is divided into two sections, which could have easily been two different books. The first section provides a general overview on climate change impacts and politics. The authors outline the history of international climate policy until 2013 with a particular focus on adaptation and how these international commitments have played out on the national scale. Chapter 2 helpfully presents a short summary of the impacts on the private sector including investment risks, insurance and legal risks.

The second part of the book is more prescriptive and focused on organizational responses to climate change. It includes presenting the impacts of climate change on organizations and challenges to adaptation and resilience. This is primarily focused on private sector organizations. The authors provide an overview of different tools to assist organizations in assessing vulnerabilities and developing adaptation priorities. They also offer a general step-by-step list of activities (drawing on the UK Climate Impacts program) to assess adaptation options, which the authors also suggest using for resilience measures. Short cases studies are scattered throughout and are illustrative of the various ways private sector organizations are tackling climate change but are too cursory to guide decision-making.

Geared toward organizational decision-makers and policymakers, The Climate Resilient Organization is clearly written, nicely summarizes the literature and draws heavily on the Intergovernmental Panel on Climate Change (IPCC) reports. It is a good starting point for those looking for an introduction to climate change and how it might influence their business.


Apr 10 2017

Negotiating for Water Resources: Bridging Transboundary River Basins

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

 A three-level analysis across three transboundary river basins concludes that, contrary to the realist perspective, powerful riparians are no less likely to cooperate when they are the upstream country.

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by Andrea Haefner Negotiating for Water Resources: Bridging Transboundary River Basins, Earthscan, 2016, 212 pp

Negotiating for Water Resources contributes to a long and ongoing debate about the drivers of transboundary water cooperation and conflict. Andrea Haefner asks, “To what extent do power symmetries prevent or inhibit cooperation between riparian states over water resources?” More specifically, she challenges the assumption that an upstream country is less likely to cooperate when it is the basin hegemon, arguing that issue linkage and institutions matter as much as, if not more than, differences in riparians’ material power.

The book begins with a concise review of hydropolitical (i.e., study of interstate transboundary water cooperation and conflict) and international relations literature to define hegemony in a river basin (chapter 2). The next three chapters are detailed analyses of three levels of interactions––regional networks, river basin organizations and project-specific decisions––across three river basins (Mekong, Danube and La Plata).

While impressive, the three-level, three-basin case-study approach is, perhaps, overly ambitious. In an effort to prove the point that regional networks, river basin organizations, and issue linkage affect transboundary water outcomes, the three case study chapters go into great detail about the specifics of each river basin to the detriment of argument development.

For example, the book’s overall argument that cooperation is possible even in basins in which there are asymmetric power relations is irrefutable. However, as Zeitoun and his colleagues at the London School of Economics argue, not all “cooperation’ is created equal and, in some cases, cooperation may exist because of (not despite) asymmetric power relations. At times, the book seems to hint at this, but never explicitly addresses it. For example, in the case of the Danube, Haefner writes that it is possible that the river basin organization “will face challenges when the previously less dominant states become more advanced and will demand to influence the agenda” (110) but later concludes that cooperation is working well in the International Commission for the Protection of the Danube River. This, along with descriptions of China (the basin hegemon) remaining unaccountable to the Mekong River Commission and of Brazil and Argentina (the more powerful riparians) preventing the transformation of the La Plata River basin organization into an international organization with legal authority (a proposal favored by the ‘weaker’ riparians) (132), could easily be developed into a deeper discussion of how cooperation among riparians should be evaluated.

Throughout the case studies, the book hints at really interesting findings (e.g., these three river basin organizations were not effective in addressing conflicts that would arise, suggesting that they were not designed with effective conflict resolution mechanisms in mind), but does not give them sufficient attention. This is, at times, frustrating because the author provides rich comparative analyses of three relatively under-studied river basins, but buries the insights in descriptions of the context.

The final chapter provides a summary of the findings––many of which are valuable contributions to the existing literature on transboundary water management. The most salient findings are related to the characteristics of river basin organizations (e.g., level of riparian inclusion, institutional design, funding and opportunity for public participation) that make them more (or less) effective. Overall, this book is a concise primer on three major river basins in the world, an effective demonstration of a case study approach and an excellent resource for anyone interested in hydropolitics.


Apr 10 2017

American Environmental Policy: The Failures of Compliance, Abatement and Mitigation

Reviewed by Elise Harrington, Massachusetts Institute of Technology

Maybe the focus of US environmental policy on compliance, abatement and mitigation has been a mistake. 

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by Daniel Press American Environmental Policy: The Failures of Compliance, Abatement and MitigationEdward Elgar Publishing, 2015, 224 pp

In American Environmental Policy Daniel Press, professor of environmental studies at University of California, Santa Cruz, contests the “widespread acclaim” for US environmental regulation, challenging policymakers and policy analysts to “re-think our objectives for environmental regulation.” Focusing on policy tools and outcomes, Press asks a set of basic, but fundamental, questions: has American environmental policy performed as well as policy in comparable countries? Were the most appropriate policy instruments used and were they implemented correctly? Has environmental regulation transformed patterns of production and consumption?

Press substantiates his argument with previous literature, personal experience as a member of California’s Central Coast Regional Water Quality Board (chapter 4) and descriptive data on US Toxic Release Inventory (chapter 2), emissions factors (chapter 2), SOx emissions (chapter 3), critical load exceedances (chapter 3), paper recovery rates, and related paper shipping and transport statistics (chapter 5). Each chapter illustrates the complexity of implementing environmental policies and opportunities for policy reform. Key areas of improvement include policies that focus more on environmental and public health outcomes, collecting high-quality information and providing incentives for continual improvement.

Press’s critique identifies the failures of the “compliance-abatement-mitigation” approach to environmental policy that dominates US regulatory design. Press claims that this approach does not radically challenge accepted modes of land-use, energy production, manufacturing, construction or transportation, but rather emphasizes pollutant containment and reductions primarily from serious offenders. Thus, US environmental policy tends to “focus on compliance and technology rather than performance” and does not account for growth in the number of polluting sources for end-of-pipe regulations, fails to link policy outputs to outcomes, and provides insufficient incentives to transform manufacturing and industrial processes. Examining successes and failures across the Clean Water Act and the Clean Air Act, Press abstracts lessons learned from successful examples such as the Acid Rain Program’s real-time emissions monitoring, local experimentation with low impact development and effective marketing for recovered paper manufacturing.

Press recognizes that politics play an important role in environmental policymaking (chapter 6), but aside from citing successful examples of local and state “extended producer responsibility” rules he does not discuss how to overcome resistance to change the status quo, what he terms “political or ideological obstruction.” References to political polarization suggest that future work on regulatory design and policy tools must be linked to studies of environmental politics in order to propose “effective, parsimonious, precautionary and participatory environmental regulations.” Following Press’s discussion of regulatory failure and reform in US environmental policy, readers are positioned to further study the role of technology and information in environmental regulatory design.


Jan 11 2017

Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

 An engaging argument for pursuing ecologically sustainable and democratically legitimate earth systems governance through democratic deliberation.

 Consensus and Global Environmental Governance

 

by Walter F. Baber and Robert V. Bartlett Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime, MIT Press, 2015, 272 pp

Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime is part of the MIT Press Earth System Governance book series. The series identifies normative discourses about global environmental governance. Following Deliberative Environmental Politics (2005) and Global Democracy and Sustainable Jurisprudence (2009), Baber and Bartlett’s third book examines the application of deliberative democratic theory to the practice of environmental politics. In Global Democracy and Sustainable Jurisprudence the authors argued that the democratic deficit and inefficacy of international environmental law can be addressed through a system of juristic democracy. In this system, environmental law backed by nation-states would be replaced by global common law derived from the rulings of numerous global citizen juries on hypothetical legal cases. Consensus and Global Environmental Governance highlights the practical difficulties and implications of using a deliberative approach to consensus-building.

Baber and Bartlett present convincing arguments regarding the merits of a more democratic process of global environmental policymaking in the first half of the book (Ch. 1–5). Chief among these are that a more democratic process would (i) ensure public support and stronger political will (something that has been missing from past negotiated climate agreements), (ii) lead to a much-needed shift in values and (iii) ensure more environmentally just outcomes. They point to several conditions that must be met for rules to be effective (Ch. 1) and advocate for deliberative techniques (such as juristic deliberation) to ensure “ecologically sustainable and democratically legitimate environmental governance” (Ch. 2). International law and negotiations, they argue, have been ineffective due to poor implementation and regulation marked by a democratic deficit (Ch. 3).

Baber and Bartlett anchor themselves squarely on the side of deliberative democracy in the broader academic debate. They address common criticisms: deliberation may (i) push conflict aside rather than resolve it; (ii) exacerbate existing inequalities and lead to unfair outcomes; (iii) discriminate against political perspectives held by minorities; (iv) be overly technical in nature, thereby inadvertently excluding historically disadvantaged groups; and (v) fail to affect policymaking, thereby further disenfranchising politically marginalized groups (Ch. 4). Like other deliberative democracy advocates, they respond to these complaints by emphasizing the importance of the design and implementation of the process of deliberation and by countering with a critique of the alternative (i.e., aggregative democracy).

The obvious challenge of a deliberative approach to international policymaking is that it becomes unwieldy. Baber and Bartlett propose a system of juristic deliberation in which citizen juries from around the world would be convened to adjudicate hypothetical environmental disputes. When transnational consensus is reached on a specific issue, the results of the deliberation would then be made available to “international tribunals for citation as a general principle of law in support of their resolution of specific environmental disputes” (p. 168). In this way, they argue, we would gain more insight into shared global values and identify similar approaches to disputes across cultures. In theory, this should enable policymakers to develop a new system of environmental policies built on normative consensus.

The authors use research on trial juries to support their call for citizen juries (Ch. 6), continue to develop their vision of juristic democracy in the second half of the book (Ch. 7–9) and conclude with a defense against charges that consensus may not be possible or desirable (Ch. 10). The book includes an example case (Appendix B) of a hypothetical water-warming dispute between three countries (Arroya, Panterra and Meerland). Baber and Bartlett describe the results of testing this case with twelve citizen panels from the United States, Germany, Russia, Sweden and the United Kingdom (Appendix A).

Their overarching argument is that democratic deliberation can be used at every step of global environmental governance and policymaking to build and identify normative, political and social consensus. Juristic deliberation can be used to spot “widely supported normative principles and general propositions of law” (i.e., normative consensus), whereas classic deliberative techniques (e.g., deliberative polling, consensus conferences, planning cells, etc.) can only be used to engage the public in choosing among alternative policy paradigms (i.e., identify political consensus). In the final step, policies are implemented through stakeholder partnerships to help ensure social consensus.

Although Baber and Bartlett argue persuasively that deliberative democracy has the potential to increase the political legitimacy of environmental governance and lead to more ecologically sustainable policies, the real challenge lies in convincing nation-states that the costs (including the political costs) associated with such deep engagement with the public will be offset in the long run.


Jan 11 2017

Environmental Litigation in China: A Study in Political Ambivalence

Reviewed by Jessica Gordon, Massachusetts Institute of Technology

The emergence of and reactions to environmental litigation in China.

Environmental Litigation in China

 

by Rachel Stern Environmental Litigation in China: A Study in Political Ambivalence, Cambridge University Press, 2013, 314 pp.

What happens when tons of industrial waste are dumped in a Chinese river? Rachel Stern’s insightful book Environmental Litigation in China: A Study in Political Ambivalence explores the shifting conditions under which the Chinese legal system is being used to address pollution issues. While the book is written in clear and accessible prose, it complicates common narratives around the Chinese legal system and exposes its many contradictions. The first half of the book provides a nuanced picture of environmental litigation including exploring specific pollution cases with different approaches and outcomes and is fascinating as it reveals the strengths, limitations and creativity within environmental litigation. The second half of the book analyzes the issue from the perspectives of judges, lawyers and NGOs. While the voices of state actors are notably absent, given the limitations of research in China this is understandable. Stern rallies a range of evidence to support her argument.

She demonstrates how actors are reacting to a state that sees the advantages of using the law to control pollution, but also recognizes how the law could undermine the state itself. Stern terms these conflicting state signals political ambivalence and analyzes how they provide space for bottom-up experimentation and incremental change. It is, however, also clear that the legal system alone will not be enough to address the variety of forces that allow pollution to continue.

The book focuses on the Hu period and should be taken as a slice in time. The legal landscape is changing as the new environmental law makes it easier for some groups to sue polluting industries. The first public interest case under the new law in 2016 was successful. Most cases, though, are still not making it to the court. The book would be a great choice for an undergraduate or graduate course on environmental politics. It is also likely to engage anyone interested in the intersection of law and the environment.


Oct 8 2016

Water and the Law: Towards Sustainability. The IUCN Academy of Environmental Law Series

Reviewed by Andrea Beck, Massachusetts Institute of Technology

 An edited collection examining the interlinkages between law and sustainable water management

Water and the law

 

Edited by Michael Kidd, Loretta Feris, Tumai Murombo and Alejandro Iza Water and the Law: Towards Sustainability. The IUCN Academy of Environmental Law Series, Edward Elgar, 2014, 416 pp.

Water resources are increasingly threatened in many parts of the world due to mismanagement, overuse and climate change. To help address the global water crisis, Water and the Law explores the multifaceted connections between legal instruments and sustainable water management. The fifteen chapters of this edited volume are partly the result of a colloquium held in South Africa in 2011 by the IUCN Academy of Environmental Law. They are framed around two central questions: How can law contribute to the sustainability of water itself? And how can legal regulation of water contribute to the sustainability of human life and biodiversity?

To analyze these questions, the book proceeds in three parts. The first focuses on international and transboundary water law. It discusses the evolution of transboundary water cooperation within the international system of state sovereignty, and reviews a number of global and regional instruments for the governance of surface water and groundwater, such as the UN Watercourses Convention, the UNECE Water Convention, the SADC Revised Protocol on Shared Watercourses, and the International Law Commission’s draft articles on the Law of Transboundary Aquifers. The book’s emphasis lies in the second part, which focuses on domestic water governance and integrated water resources management in various national jurisdictions, including Australia, Brazil, Finland, the Netherlands, New Zealand and South Africa. Two final chapters in the third part examine the right of access to water, highlighting issues such as the heterogeneity of the right in developed versus developing countries, water pricing and social justice, and indigenous struggles for water rights.

As stated in the book’s introduction, some of the chapters are reprints of previously published material. Lengthy reiterations of legal documents in several chapters could also be shortened for the benefit of originality and analytical focus. Furthermore, the book’s overall purpose could be even more ambitious, going beyond raising “most of the important questions” and providing “food for thought and further investigation” (p. 9). Nevertheless, the book displays much strength, including the attention devoted to climate change, and the illustration of complex concepts and regimes by means of case studies (for example, from the Nile and the Murray-Darling basins). Taken together, this edited collection thus provides an important resource for better understanding and harnessing the potential of law in achieving sustainable water resources management.



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