Journal articles on the topic 'Water resources development Law and legislation Victoria'
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1
Muronenko, Ihor. "The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 130–36. http://dx.doi.org/10.15330/jpnu.5.2.130-136.
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The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.
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Smith, Claire, Ross Fairley, Henry van Geen, Marcus Hoedl-Adick, Gauthier van Thuyne, and Debby de Roover. "Riding the New Wave of European Water Law: How Member States are Tackling the Water Framework Directive." European Energy and Environmental Law Review 11, Issue 8/9 (August 1, 2002): 232–39. http://dx.doi.org/10.54648/5100865.
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The Water Framework Directive (WFD) has been heralded as the most significant piece of water legislation to come out of the European Union (“EU”) in the last 20 years and looks set to overhaul the way in which Member States will manage their water resources in the future. This article examines the key objectives of the WFD and gives a comparative overview of how England & Wales, Germany, the Netherlands and Belgium are proposing to implement it.
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Buribayev, Yermek, Zhanna Khamzina, Bolat Zhumagulov, Baurzhan Zhangutin, and Sabit Daubassov. "Problems of Environmental Law: Possibilities for Legislative Changes." Rocznik Ochrona Środowiska 23 (2021): 224–42. http://dx.doi.org/10.54740/ros.2021.015.
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Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.
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van de Loo, Elsa. "Influence of privatization of water delivery on access to the right to water in Kenya." Water Policy 13, no. 2 (December 22, 2010): 208–19. http://dx.doi.org/10.2166/wp.2010.071.
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This article analyses the influence of privatization of water resources on access to the right to water in Kenya. It is premised on the belief that water is a fundamental human right and must not be seen as a social or economic good. Attention will be given to national-, regional- and international legislation and proposals on the right to water, water as a human right and the privatization of water resources. This article is based on literature study and interviews.
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Jurdi, Mey, Mohamed J. Abdulrazzak, and Shiraz Basma. "The introduction of water resources management programs in Western Asia." Water Policy 5, no. 3 (June 1, 2003): 257–68. http://dx.doi.org/10.2166/wp.2003.0015.
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This paper emphasizes the importance of developing and implementing integrated water resource management programs in the Western Asia region. As such, the status of water resources management programs is assessed in reference to the integrative components of water policies and strategies, water legislation and enforcement, water institution framework, and water resource assessment and capacity building. Besides, recommendations relative to the hereby indicated integrative components are proposed where applicable. Development and implementation of an integrated water resources management program is essential for the region to overcome existing programs that are mainly oriented towards demand management and exploitation of groundwater reserves. Such programs would be directed to satisfy national freshwater needs for development and to promote water as an integrated component of social and economic goals as well as ecosystem management.
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Alansari, Ekhlas Nasraldeen, and Ahmed Yousif Alomary. "Urban Landscape Design for Riverfronts in Iraqi Cities a Comparative Study Between Local and Regional Legislation." International Journal of Sustainable Development and Planning 17, no. 7 (November 30, 2022): 2327–33. http://dx.doi.org/10.18280/ijsdp.170734.
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Iraq has multiple water resources, so it urgently needs legislation to develop its river bank and benefit from its water resources. The purpose of this study is to investigate the shortcomings in the lack of development of the urban landscape of riverfronts in Iraqi cities by reviewing the legislative aspect of the laws regulating them, which are supposed to improve the quality of life for its citizens and achieve better environmental, social, economic and urban exploitation. This research was carried out using a qualitative approach, by analyzing the content of legislation and guidelines for urban landscapes for waterfronts in regional countries, finding urban design principles in them, and comparing them with the current Iraqi laws through the checklist. The results show that there are shortcomings in the Iraqi legislation for riverfronts and that it does not keep pace with the changes taking place in the world. The results were used to present proposals for the development of urban landscape legislation for the riverfront in Iraqi cities, in line with their social, economic and environmental conditions.
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Ziganshina, Dinara. "Water Law Reforms in Central Asian Countries: Recent Trends and Developments." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 295–322. http://dx.doi.org/10.1163/24686042-12340089.
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Abstract Sound policies and enforceable water legislation are key to transforming water management under the increasing water demand and climate change. In recent years, diverse water regulatory frameworks have evolved in the Central Asian countries to regulate the management and development of water resources and the provision of water services. This paper provides an overview of the Central Asian countries’ water legislation with focus on water management institutions at national, basin and local levels, introduction of economic mechanisms in water use and management as well as provisions related to human right to water and the environmental protection. Based on the resultant insights, the paper identifies five recent trends and areas for further improvement, including the need to (1) strengthen water regulatory frameworks as a part and parcel of the overall political and economic transformations in the countries; (2) reform water institutions with a clear focus on the sector performance and foster coordination between different stakeholders; (3) enable context-specific arrangements for workable basin and local water management; (4) address the issues of human and environmental needs on water, which are becoming increasingly important under the impact of climate change, industrialization, and urbanization; and (5) expand the effectiveness of economic mechanisms in water use and regulation to ensure cost recovery and investment flow into the sector.
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Stojkovic Zlatanovic, Sanja, Milan Stojkovic, and Mihailo Mitkovic. "Current state and perspective of water management policy in terms of climate change." International Journal of Climate Change Strategies and Management 10, no. 5 (November 19, 2018): 796–811. http://dx.doi.org/10.1108/ijccsm-07-2017-0151.
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Purpose The purpose of this paper is to set out the policy guidelines and recommendations to harmonise the Serbian water legislation with European Union standards in the area of water system management as impacted by climate change. Design/methodology/approach The EU Water Framework Directive is analysed in the context of implementation of the integrated water management policy presented in the Serbian Water Law (2010), as well as the National Water Management Strategy (2016). It has been found that the water management legislation that deals with the impact of climate change on water resources is incomplete. Although there are numerous challenges related to research of climate change and water systems, water policy and legal aspects cannot be neglected. The so-called soft law instruments represented in a form of strategy documents could be a valuable response in terms of an adaptive and integrated water policy approach. Findings The research is applied to a case study of the Velika Morava River Basin, at Ljubicevski Most hydrological station. Long-term projections suggest a decrease in annual precipitation levels and annual flows up to the year 2100 for climatic scenarios A1B and A2, accompanied by a rapid increase in air temperatures. Originality/value This study proposes a water management policy and provides recommendations for the Velika Morava River Basin as impacted by climate change, according to the European Union legislation.
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Nykolaishen, Sarah, and Nigel Bankes. "Sacrificing Fish for Power: A Legal History of the Spray Lakes Development." Alberta Law Review 50, no. 1 (August 1, 2012): 1. http://dx.doi.org/10.29173/alr266.
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This article tells the story of how Calgary Power acquired a legal licence to divert and store water in the Spray Lakes Reservoir, how multiple legal instruments, including the National Parks Act, Alberta’s Water Resources Act, and the Natural Resources Transfer Agreement were shaped along the way, as well as details the subsequent efforts that have been made to restore stream flows to the Spray River and rehabilitate its native cutthroat trout population. This article highlights many of the challenges that older hydro-developments pose to aquatic ecosystem health and instream flow needs, while demonstrating that the law can be shaped in interesting ways through the dual pressure of economic growth and environmentalism. This story offers food for thought as Canadian environmental legislation appears poised to undergo significant change.
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Heyns, Piet. "Water institutional reforms in Namibia." Water Policy 7, no. 1 (February 1, 2005): 89–106. http://dx.doi.org/10.2166/wp.2005.0006.
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After years of colonial rule and a long struggle to end external administration, Namibia became independent in 1990. The realization of political reform within a modern democratic framework has called for wide-ranging reforms in all sectors of the economy to which the water sector is not an exception. Institutional reforms in the water sector were undertaken with an overall aim of introducing integrated water resources management as a durable solution to the water challenges of the arid environment prevailing in Namibia. The reforms included the development of a new national water policy, the preparation of draft legislation, and new organizational changes to develop, manage and regulate activities in the water sector. Although institutional reforms in the water sector are necessary to meet the demands of a new nation, they cannot succeed without the required level of skill and capacity both within and outside water administration. While it is relatively easier to formulate new policies, promulgate legislation and create new organizations, it is very difficult for an emerging country to develop quickly the human capacity necessary to handle the reforms, especially when inadequate funding constraints create a conflict between resource development and capacity building.
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Nanni, Marcella, and Stephen Foster. "Groundwater resources: shaping legislation in harmony with real issues and sound concepts." Water Policy 7, no. 5 (October 1, 2005): 543–50. http://dx.doi.org/10.2166/wp.2005.0032.
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Groundwater resources are increasingly being put under pressure owing to population growth, technological progress and economic development. Many countries, however, are unable to address groundwater depletion and pollution owing to weak legal and institutional frameworks. This applies both within national contexts and in respect of international or trans-boundary aquifers (or aquifer systems). The issue is being widely debated within international fora, numbers of countries are revising their water legislation in order to include more specific provisions for groundwater, and in parallel the UN International Law Commission (ILC) is studying trans-boundary groundwater resources with a view to a codification of the law in this regard. However, the key characteristics of groundwater are often misunderstood by non-specialists and, unless resource lawyers and groundwater specialists work much more closely together, there is likelihood of erroneous interpretations of the applicable legal regime. This paper aims to highlight basic concepts and pragmatic management needs, so as to provide a framework within which national and international legislation on groundwater management and protection should be shaped.
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Brinchuk, M. M. "NATURAL RENT AND OWNERSHIP OF EXTRACTED NATURAL RESOURCES (OIL, GAS, WOOD...)." Bulletin of Udmurt University. Series Economics and Law 32, no. 3 (May 31, 2022): 494–501. http://dx.doi.org/10.35634/2412-9593-2022-32-3-494-501.
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In the systemic, even civilizational aspect of the legal regulation of environmental relations with respect to extracted natural resources withdrawn from nature, the article in this part examines the prospects for the development of the doctrine of environmental and natural resource legislation and law, the formation and implementation of this legislation and law itself; improvement of the theory of ownership of natural resources, including ensuring the function of natural justice of property rights in this area. The study is based on the methodological basis that land and other natural resources are a national treasure. Extracted oil, gas, wood are preserved, and should retain this quality to be a national treasure. Unlike the civil law thing, the ownership of which has the labor nature of ownership, natural resources as part of nature, as well as extracted oil, gas, wood are not created by human labor. Nature gives everything to man, to society for free. Everything that nature gives for free expresses the essence of natural rent. The profit of a private entrepreneur obtained as a result of the exploitation of land, subsoil, water, forests, and other natural resources should, to an appropriate extent, exclude natural rents. Natural rent should belong to the people, the nation.
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Chappell, Jessica, Laura German, S. Kyle McKay, and Cathy Pringle. "Evaluating Mismatches between Legislation and Practice in Maintaining Environmental Flows." Water 12, no. 8 (July 28, 2020): 2135. http://dx.doi.org/10.3390/w12082135.
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Freshwater is essential to human communities and stream ecosystems, and governments strive to manage water to meet the needs of both people and ecosystems. Balancing competing water demands is challenging, as freshwater resources are limited and their availability varies through time and space. One approach to maintain this balance is to legally mandate that a specified amount of stream flow be maintained for stream ecosystems, known as an environmental flow. But laws and regulations do not necessarily reflect what happens in practice, potentially to the detriment of communities and natural systems. Through a case study of Puerto Rico, we investigated whether water management in practice matches legislative mandates and explored potential mismatch drivers. We focused on two governance targets—equitable allocation and water use efficiency—and assessed whether they are enshrined in the law (de jure) and how they manifest in practice (de facto). We also explored agency accountability through identifying agency structure and whether consequences are enforced for failing to carry out responsibilities. Our results indicate there are mismatches between how freshwater is governed by law and what occurs in practice. This study suggests that agency accountability may be necessary to consider when developing environmental flow legislation that will effectively achieve ecological outcomes.
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Sivakov, Dmitriy, and Vyacheslav Sevalnev. "Corruption Risks in the Use and Protection of Water Bodies." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 234–42. http://dx.doi.org/10.17150/2500-4255.2019.13(2).234-242.
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Corruption in the sphere of the use and protection of water bodies in Russia aggravates environmental threats and undermines all legal regulations of water relations. It is quite often that street-level corruption transforms into business corruption in this sphere. The authors present a critical analysis of the legal regulation of water relations and court practice to identify corruption risks and manifestations. Using court practice and research results, they determine the «pressure points» of Russian water legislation regarding corruption risks and manifestations and present their suggestions on amending the drawbacks in current legislation to ensure the effective prevention and elimination of corruption in the use and protection of water bodies. Manifestations of corruption are supported by monopolies and legal nihilism. In this sphere, strict compliance with laws is, evidently, not enough to counteract corruption. It is necessary to develop water legislation and adjacent branches of law that reduce corruption risks and manifestations. The authors use methods of systemic analysis and modeling, as well as the universal scientific methods of induction, deduction, and abstraction. Their research touches upon such problems as corruption risks and manifestations at the contemporary stage of water legislation’s development; small water bodies and corruption; the agreement on the creation of artificial land plots within water bodies; groundwater resources and corruption risks; monopolies and corruption risks in water relations; public control in Russia in connection with corruption risks and manifestations. In conclusion the authors connect the goals and tasks of the progressive development of water law in the sphere of ensuring sustainable water use and counteracting corruption at the level of the Federation, its subjects, and municipalities.
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Chunga, Brighton A., Andy Kusi-Appiah, Clement Masangano, and Oswald K. Mwamsamali. "Environmental and social consequences for moving beyond archaic legislation and policy: delay and disjoint in water governance, Malawi." Water Policy 24, no. 2 (January 25, 2022): 470–84. http://dx.doi.org/10.2166/wp.2022.257.
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Abstract As in many sub-Saharan African countries with increasing demand for natural resources, how to move from archaic water legislation to new and up-to-date policies that cover both environmental and social consequences of water governance has become an issue. This study reviews Malawi's current governance framework and recommends a framework that takes Malawi's developmental needs into account. Our review of the state of water legislation shows that there is a lack of enforcement of the policies themselves and the public is not even aware of its existence. Lack of enforcement and public awareness have resulted in environmental degradation which is creating a lot of environmental problems for the citizens of Malawi. This work recommends future efforts in rationale evidence-based policy and legislation review that involves and is supported by multiple stakeholders. We also recommend the need for routine policy and legislation reviews in order to take advantage of cutting-edge solutions to water management issues. This will not only enhance general awareness of key environmental policies and legislation but benefit from coordinated efforts from various players to arrest the ongoing environmental degradation resulting from an incoherent policy and apathy from Malawians.
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ZHU, TAN, JING WU, and I.-SHIN CHANG. "REQUIREMENTS FOR STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 81–97. http://dx.doi.org/10.1142/s1464333205001906.
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The Environmental Impact Assessment Law (EIA Law) of the People's Republic of China was adopted on 28 October 2002. It is the most progressive legislation addressing environmental issues in China to be developed over the past decade. The new EIA Law explicitly states that environmental impact assessment (EIA) is required for both new construction projects and plans. The types of plans covered by the new EIA Law include: (1) integrated plans for land use and regional development, development of drainage areas and marine areas; (2) specific plans for industry, agriculture, animal husbandry, forestry, energy, water management, transportation, urban construction, tourism and the development of natural resources. EIA for construction projects has been implemented in China for more than 20 years. Through this new EIA Law, the legal status of EIA for construction projects has been elevated from administrative legislation to State Law. EIA for plans is a type of strategic environmental assessment (SEA) where the concept of SEA is for the first time being advocated by the State at this level. This paper emphasises the legal requirements of SEA set forth by this new EIA Law, such as major purposes, key elements and procedures of EIA for plans.
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Liu, Nengye. "China." International Journal of Marine and Coastal Law 36, no. 1 (October 9, 2020): 165–75. http://dx.doi.org/10.1163/15718085-bja10018.
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Abstract This article examines China’s legislation on distant water fishing as a flag State, which has significant impact on the conservation of marine living resources in the world ocean. After briefly discussing internal and external pressures that the Chinese authorities are facing, the article provides an overview of the latest series of regulations for China’s distant water fishing fleet. It pays particular attention to the adoption of and compliance with the 2020 Rules on the Management of Distant Water Fishing.
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Mamboleo, Martin, and Aggrey Adem. "Estimating willingness to pay for the conservation of wetland ecosystems, Lake Victoria as a case study." Knowledge & Management of Aquatic Ecosystems, no. 423 (2022): 22. http://dx.doi.org/10.1051/kmae/2022020.
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Wetlands are critical habitats for human health, well-being, ecological integrity, and national development. Freshwater ecosystems supply a variety of products and services, yet they are frequently underappreciated. Long-term economic viability necessitates an understanding of the role that finite natural resources play in economic activity and production, as well as the connection people have with, and the value they place on, those natural resources. The purpose of this study was to determine peoples' Willingness to Pay (WTP) for the maintenance of the Lake Victoria Ecosystem. The research was conducted in the Kenyan counties of Migori, Siaya, Busia, Kisumu, and Homa Bay. Using the Statistical Package for Social Sciences (SPSS), the gathered data were coded, cleaned, and analyzed. According to the findings, 40.9% of locals were prepared to spend roughly KES 500 for the conservation initiative. From the study, Lake Victoria ecosystem in Kenya had a total WTP of KES 616,279,069 each year. According to the findings, those who benefitted directly from the lake's resources were more inclined to pay for the program. This empirical research is a helpful input for identifying market segments among inhabitants, which may aid in generating more cash for biodiversity conservation in the Lake Victoria Basin.
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Dollar, E. S. J., C. R. Nicolson, C. A. Brown, J. K. Turpie, A. R. Joubert, A. R. Turton, D. F. Grobler, H. H. Pienaar, J. Ewart-Smith, and S. M. Manyaka. "Development of the South African Water Resource Classification System (WRCS): a tool towards the sustainable, equitable and efficient use of water resources in a developing country." Water Policy 12, no. 4 (December 3, 2009): 479–99. http://dx.doi.org/10.2166/wp.2009.213.
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Despite the transition to democracy in 1994, South Africa still had apartheid legislation on the statute books and the allocation of water was regulated by the 1956 Water Act. Accordingly, post-apartheid South Africa underwent a water sector reform process culminating in the new National Water Act (No. 36) of 1998. One component of the Act is the requirement for a classification system to determine different classes of water resources. The classification system provides a definition of the classes that are to be used and a seven-step procedure to be followed in order to recommend a class. The class outlines those attributes society requires of different water resources. The economic, social and ecological implications of choosing a class are established and communicated to all interested and affected parties during the classification process. This paper outlines the socioeconomic and political context in which the WRCS was developed and outlines the seven-step procedure.
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Özerol, Gül, and Jens Newig. "Evaluating the success of public participation in water resources management: five key constituents." Water Policy 10, no. 6 (December 1, 2008): 639–55. http://dx.doi.org/10.2166/wp.2008.001.
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Public participation (PP) is increasingly expected to enhance the effectiveness of water resources management. This is recognized in recent legislation such as the European Union Water Framework Directive. We identify five key constituents that affect the success of PP processes and which can be used as indicators thereof. These comprise: 1) the scope of the participants; 2) communication with the public; 3) capacity building; 4) timing; and 5) financing of participation. They are based on the management of resources—namely time, human and financial resources—and on further aspects that emerge from the utilization of these resources throughout the PP process. Drawing on existing case studies from the European Union and Canada, we demonstrate the applicability of our evaluative scheme. We find severe deficits in the PP cases that can all be attributed to the five key constituents. Although not representative, our analysis points to important challenges for water policy, particularly in the European multi-level context.
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Harris, J., H. R. van Vliet, and H. M. MacKay. "Water resource quality policy: the approach adopted by the department of water affairs and forestry under the water law principles." Water Science and Technology 39, no. 10-11 (May 1, 1999): 31–37. http://dx.doi.org/10.2166/wst.1999.0627.
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An intensive review of existing Water Law has just been conducted by the Department of Water Affairs and Forestry. The review was motivated by the need for preparation for new legislation to support water resource management with a goal of “some for all, forever.” The development of a water resource protection policy was begun in that review. This paper describes the major aspects of the policy at one point in a process of rapid development. Initial proposals are to use the concept of ecological integrity as an indicator of sustainable use of the resource. While management's goal is to ensure all water users will benefit from access to the water resource, ecological integrity provides a good indication of sustainability in the use of the resource. More discussion in this paper is, therefore, centred on ecological integrity than on individual water users under the assumption that the resource will only be able to provide for long term water uses if ecological integrity is assured. A water Reserve has been defined that is intended to protect water resources, so basic human needs can be met and ecological functions and processes can be sustained. Components of ecological integrity, that is, the chemical and physical characteristics of water, the quantity and assurance of water, the habitat (instream and riparian), and the structure and function of the associated biotic communities would be assessed through the use of a resource classification system. The approach integrates resource-directed measures for protection (such as resource quality objectives) with source-directed measures (such as effluent standards).
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Crase, Lin, Brian Dollery, and Joel Byrnes. "An intersectoral comparison of Australian water reforms." Water Policy 10, no. 1 (October 1, 2007): 43–56. http://dx.doi.org/10.2166/wp.2007.031.
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Reformation of the policies for allocating Australia's water resources has now assumed profound political, economic and social significance. However, there are marked contrasts between urban and agricultural sectors, in the approach to policy reform. Whereas governments have embarked on a range of mandated initiatives to alter or constrain the behaviour of urban dwellers, the approach adopted for irrigated agriculture has been characterised by an emphasis on markets and private property rights. This paper explores the extent of these disparate and potentially incongruous policies by focussing primarily on the states with the largest irrigation sectors, New South Wales and Victoria. Whilst acknowledging the high transaction costs of individual households engaging in a water market, the paper argues for more liberal market participation by urban water authorities on behalf of their constituents. The paper also calls for more rigorous economic assessment of the plethora of water-saving and demand-management strategies being proposed in the urban water setting.
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Mitchell, Bruce, Kathryn Bellette, and Stacey Richardson. "Natural resources management in South Australia – regional and collaborative approaches." Water Policy 17, no. 4 (October 28, 2014): 630–48. http://dx.doi.org/10.2166/wp.2014.153.
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Experiences with three approaches intended to achieve increasing levels of regional and collaborative engagement – Ministerial water advisory committees, Catchment Water Management Boards and Natural Resources Management Boards – are examined over the period from the 1970s to early 2014. Attention focuses on two tensions: (1) whether to have a system-wide or regional focus and (2) whether to pursue extensive consultation and seek consensus, or have government agencies limit consultation and take decisions in a timely manner, knowing that winners and losers will emerge. Supporting legislation, policies, plans and programmes were reviewed, and interviews were completed with 88 individuals. Support generally exists for regional and collaborative approaches, but with recognition of a need to balance strengths and limitations for whatever choice is made.
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NAVASARDOVA, Eleonora Sergeevna, Roman Vladimirovich NUTRIKHIN, Tatyana Nikolaevna ZINOVYEVA, Vladimir Aleksandrovich SHISHKIN, and Julia Valeryevna JOLUDEVA. "Codification of the Natural Resource Legislation in the Russian Empire." Journal of Advanced Research in Law and Economics 9, no. 1 (September 23, 2018): 183. http://dx.doi.org/10.14505//jarle.v9.1(31).23.
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The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.
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Damacena, Fernanda Dalla Libera. "Climate Change, Public Insecurity and Law: Conflicts Over Water Resources in the Brazilian Context." Environmental Policy and Law 51, no. 4 (August 16, 2021): 211–22. http://dx.doi.org/10.3233/epl-201040.
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The article examines to what extent the adverse effects of climate change can be considered triggering factors of public insecurity. Against this background, it explores the growing environmental conflicts involving water resources in Brazil, including the Amazon region. In addition to the introduction and conclusion, the paper is structured around three topics. The first one outlines how the concept of public security has evolved to the present state, in which climate change is taken into account. Next, climate change is discussed as a factor that magnifies vulnerabilities, an argument supported by a discussion of historical events. The third topic highlights the main threats, vulnerabilities and conflicts involving water resources in Brazil, taking a scientific view of systemic risks and precaution. Finally, we propose rethinking the concept of public security in Brazil from a perspective of parameters involving regulations, principles and state initiative. The article suggests that the immediate and future effects of climate change do have a profound impact on social systems and on the environment, and may be a triggering factor of public insecurity. If institutions and governments do not address existing effects, and invest in adaptations to meet future scientific forecasts on climate change, social stability and the development of a culture of peace will be less likely in Brazil. A fundamental step in this process is the reformulation of the conventional concept of public security in the Brazilian legislation, in order to expressly incorporate the variable of climate security among its stated objectives. In addition, we point out a set of actions and principles with the potentital to promote not only adaptation and resilience, but also contribute to building peace. In terms of methodology, the study is descriptive, exploratory, legislative, bibliographical and documentary.
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Okukpon, Irekpitan, and Ijeoma Anozie. "Justifying Water Rights in Nigeria: Fiction or Achievable Panacea?" Law and Development Review 11, no. 2 (June 26, 2018): 757–800. http://dx.doi.org/10.1515/ldr-2018-0037.
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Abstract Nigeria, like other countries in the world, competes for available water resources due to the increasing demands for the resource as a result of agricultural and other industrial activities. Nigeria’s current National Water Policy 2017 is vague regarding the enforcement of the right to water, with an absence of institutions to actualise same. The provisions under chapter II of the Constitution of the Federal Republic of Nigeria 1999 does not provide a justiciable cushion for the actualisation of this right. This paper examines the reality of the right to water in Nigeria, using South African policy as a model. It interrogates the feasibility of existing policy on water in Nigeria against the backdrop of the South African right to water, which is justiciable and hailed as one of the most proactive in water legislation around the world. The paper concludes with recommendations on the justifications for the right to water in Nigeria, advocating systematic engagements with government and community stakeholders as a key driver towards achieving sustainability and entrenchment of the right to water in Nigeria.
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Nguyen, Thi Phuong Loan. "Legal framework of the water sector in Vietnam: achievements and challenges." Journal of Vietnamese Environment 2, no. 1 (May 4, 2012): 27–44. http://dx.doi.org/10.13141/jve.vol2.no1.pp27-44.
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Since 1986 and especially during the early 90s, environmental protection has become a constitutional principle in Vietnam as regulated by Articles 17 and 29 of the 1992 Constitution. The first Law on Environmental Protection, passed by the National Assembly on December 27, 1993 created a foundation for environmental legislation becoming an important field in Vietnam’s legal system. In the following, Vietnam enacted its very first Law on Water Resources (No. 08/1998/QH10) in January 1999 aiming to provide a foundational framework for managing the water sector in Vietnam. In recent years, the legislative framework on water resources management has further developed. Important water-related regulations on the guidance and implementation of the Law on Water Resources have been issued and often amended to meet the requirements of the country’s development, and its international integration. To date, Vietnam’s legislation on the water sector consists of a complex system of legal documents issued by different state agencies. Though legislation of water sector management in Vietnam has greatly improved during the last decade, it has obviously not yet come to full fruition. Hence, the paper intends to provide an overview of achievements as well as problems and conflicting issues within Vietnam’s current water sector management legislation.
Kểtừnăm 1986, đặc biệt là những năm đầu của thập kỷ90, bảo vệmôi trường đã trởthành nguyên tắc hiến định (được quy định tại Điều 17 và 29 Hiến pháp 1992). Luật Bảo vệmôi trường đầu tiên được Quốc hội thông qua ngày 27 tháng 12 năm 1993 đã đặt nền móng cho việc hình thành hệthống pháp luật vềmôi trường ởViệt Nam.Tiếp theo đó, ngày 20 tháng 05 năm 1998, Quốc hội nước Cộng hòa xã hội Việt Nam khóa X, kỳhọp thứ3 đã thông qua văn bản luật đầu tiên vềtài nguyên nước -Luật Tài nguyên nước số08/1998/QH10 hình thành một nền tảng pháp lý cho hệthống pháp luật bảo vệnguồn tài nguyên nước ởViệt Nam. Trong những năm gần đây, hầu hết các văn bản dưới luật quan trọng và cần thiết cho việc hướng dẫn thi hành Luật Tài nguyên nước đã được ban hành và không ngừng được sửa đổi, bổsung nhằm đáp ứng nhu cầu phát triển và hội nhập quốc tếcủa đất nước trong nhiều lĩnh vực khác nhau.Tuy nhiên, khung pháp lý hiện hành vềtài nguyên nước ởViệt Nam bao gồm một hệthống các văn bản quy phạm pháp luật khá phức tạp, nhiều tầng nấc, được ban hành bởi nhiều cơ quan có thẩm quyền khác nhau. Mặc dù hệthống pháp luật vềtài nguyên nước đã được liên tục sửa đổi, bổsung và hoàn thiện trong suốt một thập kỷqua, nhưng rõ ràng vẫn chưa thực sựđi vào cuộc sống.Bài viết dưới đây đềcập chủyến đến một sốcácthành tựu cũng nhưnhữngvấn đềmâu thuẫn hiện tại của pháp luật bảo vệnguồn tài nguyên nước ởViệt Nam.
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Mentzafou, Angeliki, Momčilo Blagojević, and Elias Dimitriou. "A GIS-MCDA-Based Suitability Analysis for Meeting Targets 6.3 and 6.5 of the Sustainable Development Goals." Sustainability 13, no. 8 (April 8, 2021): 4153. http://dx.doi.org/10.3390/su13084153.
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Among the Sustainable Development Goals (SDGs) established in the 2030 Agenda, goals 6.3, regarding clean water and improve of water quality, and 6.5, regarding integrated water resources management, highlight the need for the implementation of successful environmental water quality monitoring programs of transboundary river waterbodies. In the present study, the designation of high priority areas for water quality monitoring of Drin transboundary watershed is performed using a suitability model, a GIS-based multicriteria decision analysis (GIS-MCDA) approach that takes into consideration the most important conditioning factors that impose pressures on rivers. Based on the results, the methodological approach used manages to sufficiently delimit the areas with increased need for water quality monitoring in the Drin watershed, and the validation procedure produces a correlation coefficient of 0.454 (statistically significant at a 0.01 level). Limitations arise in the case of a lack of detailed information or inaccurate input data and due to the inconsistency among the input data and the different methodological approaches regarding the information collection of each country involved. These restrictions foreground the need for cooperation between the countries involved regarding the exchange of scientific knowledge and common legislation, so as to achieve integrated, effective, and sustainable management of water resources of the area.
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Mendoza, Lorelei C., Gladys A. Cruz, Alejandro N. Ciencia, and Maileenita A. Penalba. "Local Policy and Water Access in Baguio City, Philippines." International Journal of Social Ecology and Sustainable Development 11, no. 1 (January 2020): 1–13. http://dx.doi.org/10.4018/ijsesd.2020010101.
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This article focuses on how water users perceive the state of water security and their concerns about water resources in Baguio City using survey data from 300 poor households. The financial and social aspects of the poor household's access to potable water are described before features of the Baguio Water Code on drinking water quality, water permits and groundwater extraction, and rainwater harvesting are tackled. The high expectations that accompanied the approval of this breakthrough legislation to address the city's long-standing water problems which were only partially met as the key provision on water permits remains unimplemented. Drinking water quality and rainwater harvesting have had some success in implementation. Still more needs to be done through measures that rely on the partnership of the local water utility and the city government offices in order to respond to the need of poor households for clean water.
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Dobroboh, Lydmyla. "Complex ecological branch of law in terms of globalization." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 30, 2021): 14–20. http://dx.doi.org/10.31733/2078-3566-2021-2-14-20.
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The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.
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Rozumovich, I. N. "SUSTAINABLE WATER USE DOCTRINE IN THE RUSSIAN FEDERATION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 383–91. http://dx.doi.org/10.37279/2413-1733-2020-6-2-383-391.
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The inclusion of the Russian Federation among the list of States that are the most endowed with water resources, which is associated with the significance of the scale of the country’s territory, the issue of revenues and consumption of clean water not only to ensure the well-being of the population and its vital needs, but also to maintain the existence of Thus, the leading direction of the state policy of Russia in the environmental sphere today is to ensure sustainable water use in the territory of the whole state, which is determined through the prism of sustainable development. However, there is no uniform understanding in its disclosure in science and the norms of the current legislation, which becomes an obstacle to the further development, improvement and promotion of concepts and trends of sustainable development. The solution may be the formation of the Sustainable water use Doctrine, which will unite the scientific efforts of Russian scientists-lawyers, economists, sociologists and environmental specialists. Combining the scientific views of the above branches of Russian law, will not only determine the range of problems in each sphere of life, but also will be the starting point for their best solution.
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Chomba, M. J., T. Hill, B. A. Nkhata, and J. J. Förster. "Paradigms for water allocation in river basins: a society-science-practice perspective from Southern Africa." Water Policy 19, no. 4 (April 5, 2017): 637–49. http://dx.doi.org/10.2166/wp.2017.130.
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This paper seeks to complement ongoing discussions around water allocation by offering an analytic framework for examining the evolution of paradigms for water allocation in river basins. It traces this evolution from the hydraulic paradigm through to Integrated Water Resources Management (IWRM) and the current water security paradigm. Using a society-science-practice interaction perspective, the paper draws attention to the governance processes of water allocation that underlie these paradigms using examples from river basins in southern Africa. It is argued that the process of allocating water resources is often influenced by societal priorities and values that do not necessarily result in maintaining ecosystem health and integrity. The efficacy of water allocation depends on the extent to which implementation takes into account the socio-political dynamics associated with collective action involving multiple water users. While paradigm shifts provide windows of opportunity for strengthening legislation, the mere adoption of paradigms should not be taken as a panacea for addressing challenges associated with water allocation in river basins. This is especially relevant for several countries in southern Africa that are undertaking water reforms with the view of strengthening allocation of water resources at basin scale.
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Kanakoudis, V., and S. Tsitsifli. "On-going evaluation of the WFD 2000/60/EC implementation process in the European Union, seven years after its launch: are we behind schedule?" Water Policy 12, no. 1 (November 1, 2009): 70–91. http://dx.doi.org/10.2166/wp.2009.092.
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Although the European Union (EU) has made some considerable progress regarding protection of water resources (tackling significant problems at national and at EU level), increased efforts are still needed to get and keep its waters clean. After 30 years of developing EU water legislation, all the involved stakeholders express this demand. In 2000, the Water Framework Directive (WFD) 2000/60/EC, establishing a framework for Community actions regarding protection of water resources, was adopted. Its implementation is now well underway, as most of the EU-Member States have fulfilled their current obligations of submitting their reports. An on-going evaluation of the WFD implementation process is attempted here, based on all available data seven years after its launch. Special focus is given to Greece regarding problems that have occurred.
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Onyango, Dancan O., Christopher O. Ikporukpo, John O. Taiwo, and Stephen B. Opiyo. "Monitoring the extent and impacts of watershed urban development in the Lake Victoria Basin, Kenya, using a combination of population dynamics, remote sensing and GIS techniques." Environmental & Socio-economic Studies 9, no. 2 (June 1, 2021): 11–25. http://dx.doi.org/10.2478/environ-2021-0007.
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Abstract Several urban centres of different sizes have developed over time, and continue to grow, within the basin of Lake Victoria. Uncontrolled urban development, especially along the lake shore, puts environmental pressure on Lake Victoria and its local ecosystem. This study sought to monitor the extent and impacts of urban development (as measured by population growth and built-up land use/land cover) in the Lake Victoria basin, Kenya, between 1978 and 2018. Remote sensing and GIS-based land use/land cover classification was conducted to extract change in built-up areas from Landsat 3, 4, 5 and 8 satellite imagery obtained for the month of January at intervals of ten years. Change in population distribution and density was analysed based on decadal census data from the Kenya National Bureau of Statistics between 1979 and 2019. A statistical regression model was then estimated to relate population growth to built-up area expansion. Results indicate that the basin’s built-up area has expanded by 97% between 1978 and 2018 while the population increased by 140% between 1979 and 2019. Urban development was attributed to the rapidly increasing population in the area as seen in a positive statistical correlation (R2=0.5744) between increase in built-up area and population growth. The resulting environmental pressure on the local ecosystem has been documented mainly in terms of degradation of lake water quality, eutrophication and aquatic biodiversity loss. The study recommends the enactment and implementation of appropriate eco-sensitive local legislation and policies for sustainable urban and rural land use planning in the area. This should aim to control and regulate urban expansion especially in the immediate shoreline areas of the lake and associated riparian zones.
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Steinman, Alan D., James R. Nicholas, Paul W. Seelbach, Jon W. Allan, and Frank Ruswick. "Science as a fundamental framework for shaping policy discussions regarding the use of groundwater in the State of Michigan: a case study." Water Policy 13, no. 1 (January 14, 2011): 69–86. http://dx.doi.org/10.2166/wp.2010.047.
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The availability and use of freshwater is a growing concern in the United States and around the globe. Despite apparently abundant water resources, several conflicts over water use have emerged in the Great Lakes region and the State of Michigan. These conflicts resulted in state legislation that both addresses water withdrawal from the Great Lakes Basin and requires the State of Michigan to begin a process to address the sustainability of water resources. The former resulted in Michigan's support of the Great Lakes-St. Lawrence River Water Resources Compact, whereas the latter resulted in the formation of a Groundwater Conservation Advisory Council. This paper focuses primarily on the Council, describing its formation, and the products it generated. In particular, we focus on the development of indicators of sustainable use of water, the creation of a water withdrawal assessment process to determine if a proposed withdrawal will create an adverse resource impact in the state, and how the lessons learned in Michigan may be applied to other units of government addressing similar issues. Attention is also given to the Compact, as it provides important context for the Council's formation.
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Olivieri, Flavia, Steven Hendrik Andreas Koop, Kees Van Leeuwen, and Jan Hofman. "Enhancing Governance Capacity to Ensure a Long-Term Water Supply: The Case of Windhoek, Namibia." Sustainability 14, no. 4 (February 19, 2022): 2387. http://dx.doi.org/10.3390/su14042387.
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Windhoek, Namibia, faces water stress, urbanisation, climate change and governance challenges; these issues are constraining water provision and underpinning the urgency to implement an integrated water resource management plan. Windhoek has provided access to water during droughts by relying on multiple water resources including treated wastewater. However, significant infrastructure investments are required to ensure continued water security. Through applying the City Blueprint Approach—an indicator assessment aiming to provide a holistic understanding of water management and governance—we substantiate how Namibia can enhance the capacity to implement legislation, with long-term focus and collaboration with experts and stakeholders.
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Horne, James. "Water policy responses to drought in the MDB, Australia." Water Policy 18, S2 (December 1, 2016): 28–51. http://dx.doi.org/10.2166/wp.2016.012.
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This paper reviews water policy responses to drought in Australia, focusing on the Murray-Darling Basin (MDB) during the two decades from 1997. This period, which includes the decade long Millennium drought, brought a much sharper focus to discussions of scarcity and value of water. The drought initially focused attention on rising salinity and environmental water availability, as action on both was supported by strong science, and resonated politically. The drought became a crisis in 2006. Short-term planning focused on ensuring communities did not run out of water. For the longer term, the national government responded by announcing a major package of reform measures addressing sustainability and underlying scarcity, and recognising climate change. The package strengthened MDB water market infrastructure, upgraded water resource planning and the ability of irrigators to manage their water assets more flexibly, established new sustainable diversion limits and provided funding to ensure the environment received a larger share of basin water resources. But its completeness as a package can be attributed not only to the severity of drought, but also to political leadership, a disrupting strategy in the form of national legislation and a strong national budget that provided financial resources. The drought provided a crisis, but other ingredients were necessary to ensure effective action.
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Stecyk, Karolina. "Environmental sustainability versus economic interests: a search for good governance in a macroeconomic perspective." Journal of Governance and Regulation 6, no. 4 (2017): 7–16. http://dx.doi.org/10.22495/jgr_v6_i4_p1.
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Finding the proper balance between economic benefit and sustainable development has been an issue for many local governments, especially in the regions that depend strongly on natural resources. One of Canada’s largest contributors to environmental degradation is the oil sands in Alberta. The degradation occurs on land, in water, and in the air as a result of oil extraction and tailings ponds. The purpose of the paper is to argue that although the government of the province of Alberta and the federal government have developed legislation including licensing and policies (frameworks and directives) to reduce and prevent environmental degradation, they fail to ensure compliance with the legislation and policies because the governments prefer economic gain to environmental sustainability. The lack of strong compliance enforcement suggests a lack of effectiveness and efficiency. Subsequently, a failure in the rule of law occurs because oil corporations, due to their economic impact, are treated as above the law. The bias for the corporation over the environment hinders good governance. Overall, both governments find balancing protecting the environment and gaining financial benefits challenging.
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Lein, Haakon, and Mattias Tagseth. "Tanzanian water policy reforms—between principles and practical applications." Water Policy 11, no. 2 (April 1, 2009): 203–20. http://dx.doi.org/10.2166/wp.2009.024.
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The paper presents and discusses different approaches to water management, termed “state centred”, “market-based” and “community-based”. Each provides different answers to how and by whom limited water resources best could and should be managed. They are based on different development ideologies and advocated by different professions. The article elaborates on the strengths, limitations and compatibility of the three models. These models provide a basis for discussing national water policy and water management reforms in Tanzania as well as the more practical implications of this in one of the main river basins in the country: the Pangani River Basin. Central to the water management problem in this basin are conflicts between communities and the water bureaucracy over what constitutes “proper” management of water. The policy and the activities of the river basin authorities continue to reflect a traditional top-down bureaucratic approach to water management, with colonial roots. The water legislation and the formal water management system seem neither to be set up to facilitate the active participation of local communities in water management, nor to facilitate the development of a water market.
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Krasilnikoff, Jens, and Andreas N. Angelakis. "Water management and its judicial contexts in ancient Greece: a review from the earliest times to the Roman period." Water Policy 21, no. 2 (February 14, 2019): 245–58. http://dx.doi.org/10.2166/wp.2019.176.
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Abstract From the earliest times, Greek societies prepared legislation to solve disputes, define access to the water resources, and regulate waste- and storm-water disposal. On the one hand, evidence suggests that in Greek antiquity (750–30 bc), scientific progress was an important agent in the development of water management in some cities including institutional and regulatory issues. In most cities, it seems not to have been a prerequisite in relation to basic agricultural or household requirements. Previous studies suggest that judicial insight rather than practical knowledge of water management became a vital part of how socio-political and religious organizations dealing with water management functioned. The evidence indicates an interest in institutional matters, but in some instances also in the day-to-day handling of water issues. Thus, the aim of this review is to follow the development of water law and institutions and their technical solutions in the Greek states during the Archaic through the Roman periods. In addition, it demonstrates that the need for water management regulations is not a modern creation, but there is a long tradition of solving complex issues of water supply and use with rather sophisticated legal measures.
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Naik, Kartiki S., and Madelyn Glickfeld. "Integrating water distribution system efficiency into the water conservation strategy for California: a Los Angeles perspective." Water Policy 19, no. 6 (July 18, 2017): 1030–48. http://dx.doi.org/10.2166/wp.2017.166.
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Abstract Improving water management in California requires a transition from imported to local water resources used efficiently. To assess this transitional capacity of water retailers in metropolitan Los Angeles County, we focused on a key water management metric: the water distribution efficiency. We traced the evolution of water loss reduction policy and practices globally with emphasis on California. California Senate Bills 1420 and 555 mandate annual water auditing and reporting for urban water suppliers. We surveyed and evaluated ten water retailers' approaches to monitor and reduce losses. Four of ten sampled water retailers monitored real losses, averaging 3–4% of total water supplied. Only three of ten sampled water retailers employed leak detection technology. Of the six sampled retailers with annual pipe replacement strategies, four retailers followed inadequate rehabilitation schedules. Most of the sampled retailers monitor water losses in percent, which misrepresents the actual volume. While a necessary step, California water loss legislation relies on the American Water Works Association Water Audit software. Verifying reported data for randomly selected retailers can ensure high data quality. Small retailers are exempt from mandatory water loss monitoring, and they need state support and resource pooling to improve their water distribution efficiency.
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Etiegni, Christine Adhiambo, Kenneth Irvine, and Michelle Kooy. "Participatory governance in Lake Victoria (Kenya) fisheries: whose voices are heard?" Maritime Studies 19, no. 4 (July 21, 2020): 489–507. http://dx.doi.org/10.1007/s40152-020-00195-x.
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AbstractCo-management is advocated as a means to improve human equity and the ecological sustainability of common-pool resources. The promotion of co-management of fisheries often assumes the participation of resource users in decision-making ensures more ecologically sustainable outcomes than top–down management approaches while improving livelihoods and food security. However, in fisheries co-management approaches, participation is often poorly defined and measured by co-management proponents. For resource users, it may not be clear what their participation in co-management entails, and what such participation might involve or achieve. For the fisheries of Lake Victoria (Kenya), the introduction of co-management established Beach Management Units (BMUs) on a model of participatory decision-making. Unsurprisingly, given global experiences of institutions for resource users’ participation in co-management, the structures established across Lake Victoria (Kenya) have not resulted in effective participation of fisher folk. We examine why this is so. Specifically, we examine the influence of institutions on fisher folks’ participation in co-management, using critical institutionalism to explain how participation of resource users is shaped by the relation between formal government institutions and informal social norms. We take four BMUs as case studies to investigate how historical administrative structures shape the development of co-management, how power relationships within co-management are negotiated at the local beach level and the fisher folks’ understanding of their participation in co-management. We document how informal institutions undermine and replace formal institutions at the local beach level, while formal institutions suppress and ignore informal ones at the national and regional levels. From this, we argue power sharing between the government and fisher folk is key for fisher folk participation in fisheries co-management, capable of addressing both social and ecological challenges facing fisheries management.
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Putu Dyah Prastiti Sukma Febriany, Ida Ayu Putu Widiati, and I Wayan Arthanaya. "Penerapan Sanksi Pemerintahan pada PT. Mirtasari Development." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 207–12. http://dx.doi.org/10.22225/jph.2.1.3069.207-212.
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Of natural resources is the primary object for any development Countries Indonesia, thus unwittingly slowly at least not among them triggering pollution and/or destruction of the environment. Therefore, the need for law enforcement that is reflected in the legislation. The problem of this research were: 1 a complaints handling procedure) how pollution and/or destruction of the environment? 2) How the application of sanctions to force the Government in pt. Mirtasari Hotel Development?
The type of research and the approach used is the juridical problems of empirical and juridical sociological. Source material source materials used law of law of primary and secondary sources of law. Legal materials collection techniques are used namely study library and field. As well as legal materials collected processed and analyzed with the use of legal argumentation.
As for the results of this research are the complaints handling procedures due to contamination and/or destruction of the environment will be followed up by agencies or institutions or the PPLHD PPLH advance has received complaints directly or not direct, which is then followed up with several stages, namely: the stages of the preparation, the implementation of field verification, data analysis, and final verification report the complaint. The application of administrative sanctions the Government at PT. Mirtasari Hotel Development was given by the Minister of the environment in the form of the action force to immediately complete the related permit temporary storage of waste, waste water disposal B3, B3 waste submission to third parties, as well as complement the facilities by the rules in the temporary storage of waste B3.
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Kaštelan-Macan, Marija, Marijan Ahel, Alka J. M. Horvat, Dalila Jabučar, and Petar Jovančić. "Water resources and waste water management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro." Water Policy 9, no. 3 (June 1, 2007): 319–43. http://dx.doi.org/10.2166/wp.2007.003.
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This work provides an inventory of water resources and presents the current status of water supply, water quality as well as wastewater management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro, established after the break-up of the former Yugoslavia. All three countries are very rich in water resources, pertaining in a large percentage to the Adriatic and Black Sea basins. However, this richness is not adequately reflected in the current status of the public water supply. Water supply is satisfactory only in bigger cities, whereas rural populations still largely depend on the local sources. Furthermore, with respect to integrated water management, there is a big discrepancy between the capacities of water supply and drainage and those for municipal and industrial wastewater treatment. Only a small percentage of wastewaters receive at least some treatment, putting those receiving natural waters at considerable risk. Nevertheless, available reports on the water quality of ambient waters do not reveal the existence of this problem on a wider scale, but indicate only few hot spots. Microbiological pollution near big cities and patchy elevated levels of heavy metals and organic pollutants around industrial plants and agricultural lands belong to these exceptions. Such a relatively favourable situation is, partly, a consequence of a significant decrease in economic activities, which is characteristic of all transition countries, but it also reveals the impact of the recent wars in the region. Political and military conflicts in the region generated mutual distrust and lack of cooperation between the three countries. However, attempts are being made to resolve most of the issues related to cross-border contamination by signing international and regional treaties. As a part of pre-accession activities, all three states are harmonizing their legislation with the EU and are joining scientific projects on the water protection of other western countries. This is expected to bring considerable benefits to the local population and to make economic development more vigorous.
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Karaczun, Zbigniew M., Angelika Saniewska, Grażyna Obidoska, and Barbara Żarska. "Development of environmental protection infrastructure in a rural commune after Poland’s accession to the European Union – case study." Annals of Warsaw University of Life Sciences – SGGW. Land Reclamation 50, no. 1 (March 1, 2018): 69–79. http://dx.doi.org/10.2478/sggw-2018-0006.
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Abstract The process of European integration required the harmonization of the Polish law with EU legislation and the physical implementation of the new regulations. One of the areas in which these activities were carried out was environmental protection. The aim of the study was to assess the impact of the Europeanisation process on environmental investment, ecology policy and the practice of environmental protection in rural communes using the example of the Wysokie Mazowieckie rural commune. The study have shown that the impact of the EU integration process was significant. This influence can be most clearly observed in the following two areas: the growing importance of environmental protection in commune policy and the acquisition of external financial resources for pro-ecological investments. Thanks to this, it was possible to solve many important environmental problems in the commune, especially regarding water and wastewater management as well as waste management.
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Demydenko, Andriy. "What SDG6 is about: ‘sustainable management’ or ‘rational use’?" Water Policy 22, no. 6 (November 4, 2020): 1015–23. http://dx.doi.org/10.2166/wp.2020.062.
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Abstract The paper describes the Global Water Partnership partner experience in the introduction of risk-based Integrated Water Resources Management (IWRM) into the Ukrainian water policy. We concluded that some proper ‘expressions’ and concepts have already been introduced into Ukrainian legislation, but not the accepted ‘meanings’ of such concepts as IWRM, Sustainable Development Goals (SDG), and water security. The concept of ‘sustainable management’, in the Russian version of Water SDG6, is translated as ‘rational use’ but no one can explain why. We suggest that such a misunderstanding happened since Ukrainian decision-makers still perceive themselves only as water users who are not obligated to achieve any development goals. Therefore, they are quite comfortable with the existing normative approach to water management where the objectives are compliance with defined norms and ensuring water security, which is understood as an absence of any water risk solely to humans, rather than the environment at large. Keeping in mind that true science starts with measurable values, and recognizing that you cannot manage if you cannot measure, we propose to change this false understanding of water security and sustainability that is inherent in the outmoded concept of ‘rational use’. Such a shift is only possible by switching to a measurable goal-oriented approach and risk management in water policy.
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Romashchenko, M. I., L. V. Kuzmych, R. V. Saidak, T. V. Matiash, and O. P. Muzyka. "SOME ASPECTS OF REFORMING THE WATER MANAGEMENT SYSTEM AND EFFICIENT USE OF RECLAIMED LANDS IN UKRAINE." Міжвідомчий тематичний науковий збірник "Меліорація і водне господарство", no. 2 (December 21, 2022): 5–15. http://dx.doi.org/10.31073/mivg202202-341.
Full textAbstract:
The necessity and the basic directions of the scientific vision of further reforming the systems of water resources and land reclamation management are determined. The need for such a reform is dictated by the fact that, despite the adoption on October 4, 2016, by the Verkhovna Rada of Ukraine of the Law "On Amendments to Certain Legislative Acts of Ukraine on Implementing Integrated Approaches to Basin Management" and a number of by-laws, the system of water management and land reclamation management in Ukraine still remains virtually unreformed since post-Soviet times as two mutually exclusive functions remain in this system: the water management function and the land reclamation management function. Moreover, the statutory grounds for the introduction of integrated basin management have been deliberately used to eliminate economic entities which managed reclamation infrastructure, which has made it much more difficult to separate the above-mentioned functions, as required by Directive 2000/60/EC of the European Parliament and the Council of Europe “On establishing a framework for Community action in the field of water policy”, the implementation of which into Ukrainian law is a mandatory task under the Association Agreement with the EU. Recent adoption (on February 17, 2022) by the Verkhovna Rada of Ukraine of the Law “On Organization of Water Users and Stimulation of Hydrotechnical Land Reclamation” was confirmed by the President of Ukraine on May 6, 2022. It is an important step towards reforming the water management as for the first time in Ukraine the law introduces a new organizational and legal form for the management of reclamation systems, namely water user organizations. But this Law does not address the main issue of the reform - the separation of the above-mentioned functions. Therefore, the success of further reforming of the systems of water resources and land reclamation management will directly depend not on the speed of development and adoption of bylaws to the Law “On Organization of Water Users and Stimulation of Hydrotechnical Land Reclamation”. It will depend on the earliest possible adoption of the “Concept of reforming the water management system of Ukraine” by the Government of Ukraine, the project of which was prepared and approved by all interested ministries and departments in 2019, but was deliberately blocked by then leaders of the Ministry of Ecology and Natural Resources of Ukraine. Therefore, the work on reforming the systems of water resources and land reclamation management is unsystematic and, in many cases, the practical steps being implemented, especially in improving the structure of the State Agency Water Resources of Ukraine, are mostly destructive. Minimizing their negative impact will require considerable efforts and time.
This article aims at scientific substantiation of the list and sequence of measures, including at the legislative level, the implementation of which will bring the systems of water resources and land reclamation management in Ukraine in line with European water legislation, and thus ensure full implementation of the provisions of integrated management on the basin principle not only formally but also in the spirit.
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Tsvigun, Iryna. "LAND LEGAL RELATIONS UNDER THE LEGISLATION OF POLAND AND UKRAINE: A COMPARATIVE LEGAL ANALYSIS." Baltic Journal of Legal and Social Sciences, no. 2 (October 26, 2022): 217–21. http://dx.doi.org/10.30525/2592-8813-2022-2-36.
Full textAbstract:
The article carres out a professional comparative legal analysis of the legislation of Ukraine and Poland in the field of land law regulation. Attention was primarily focused on the directions of development of land relations for completeness and a comprehensive presentation of the research , the concepts and terms most open to the understanding of the society were considered, in particular – «land legal relations», «land plot», «real estate», «land ownership», «land real estate», «real estate» and the general features and differences of these concepts in Ukrainian and Polish legislation are outlined. The article discloses the features of land management and cadastre in the system of land legal relations of both states, highlights the differences in the basic approaches of modern land management, in particular, the use of an innovative type of documentation for the Ukrainian legislator – a comprehensive spatial development plan. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. It was found that land relations in Ukraine and Poland are regulated by a number of normative legal acts, while the essence of normative legal regulation is the division of land legal relations into relations of a public and private nature, which is a kind of standard of land relations regarding a land plot as a part of the earth surface and the corresponding natural resource. It was also found that at the current stage of the development of land legal relations, the formation of the latest approaches in understanding the infrastructure of geospatial data is decisive for both states, which is a potentially new step in the development of land relations in a systemic relationship with other types of natural resources (water, forest, plant life, etc.). Special attention is paid to the results of the study, based on the own analysis, a number of inherent and distinctive features of the legislation of Poland and Ukraine in the field of land law regulation have been singled out. It is noted that turning to the experience of other countries is a potentially important and promising direction in the development of modern Ukrainian legislation. Attention is focused on the importance of studying the experience of other countries, in particular Poland, which will contribute to the transformation of Ukrainian land legislation in the formation of norms that will contribute to the development of Ukrainian society.
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Bettencourt, Pedro, Claudia Fulgêncio, Maria Grade, and Julio Cesar Wasserman. "A comparison between the European and the Brazilian models for management and diagnosis of river basins." Water Policy 23, no. 1 (January 12, 2021): 58–76. http://dx.doi.org/10.2166/wp.2021.204.
Full textAbstract:
Abstract Water management is assuming more and more importance as freshwater resources are becoming scarce, both in quality and in quantity, across many developed and developing countries. This trend can be attributed to population growth, industrialization, growing agricultural demand, poor water management practices and climate change. In attempting to deal with the intensification of water quality- and quantity-related problems in recent decades, many countries have revised their water resource management policies and legislation, introducing new institutional frameworks and management instruments. Considering regional geographic and cultural distinctions, the present article aims at comparing the models of water resource management in the European Union (EU) and in Brazil. Institutional and legal arrangements currently in place, water planning and management instruments currently in use, assessments of water body status and watershed diagnoses were analysed. Main strengths and weaknesses of each water management system are pointed out in the conclusion. Main challenges for the water sector, and highlights of the converging and diverging points concerning water resource management systems, in each region, are discussed.
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Medard, Modesta, Han van Dijk, and Paul Hebinck. "Competing for kayabo: gendered struggles for fish and livelihood on the shore of Lake Victoria." Maritime Studies 18, no. 3 (November 5, 2019): 321–33. http://dx.doi.org/10.1007/s40152-019-00146-1.
Full textAbstract:
Abstract The dry-salted trade of Nile perch or kayabo is important for many along the shores of Lake Victoria. The kayabo trade started in the 1990s and has been increasingly restructured due to changing regional and global trade relationships. This shift has led to the emergence of hierarchical trading relations, which create an exploitative network in which powerful middlemen control the access of trade for women from the Democratic Republic of Congo (DRC) and marginalizes the Tanzanian women, changing the organization from a poly-centric to a more centralized trade organization in the hands of a small group of powerful business men. We show in this paper that whereas the women traders from the DRC manoeuvred themselves in positions from which they could manipulate the network through bribery and conniving to derive substantial capital gains from the kayabo trade, their Tanzanian counterparts however are excluded from the decision-making processes, access to fish resources, financial capital, and negotiation power. They persevere by operating in increasingly competitive markets, relying on illegal fish that they sell with little profit at local and domestic markets. They survive in jobs that are insecure and risky by nature.