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Creating legal space forwater user organizations: transparency, governance and the law













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    Book (series)
    Modern water rights
    Theory and practice
    2006
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    This publication offers a fresh look at the theory and practice of modern water rights, from a comparative law angle. It sheds light on a number of key features of such rights, and contrasts these to traditional forms and kinds of water rights. It teases out and discusses the relevant problematique, including in particular that elicited the sale and leasing of water rights. Finally, a stock-taking and assessment of modern water rights systems impacts are volunteered. This publication complements two earlier issues featured in the FAO Legislative Studies series, i.e. Water rights administration - Experience, issues and guidelines (No. 70 of 2001), and Preparing national regulations for water resources management - Principles and practice (No. 80 of 2003). The former illustrates and discusses the practicalities of implementing and administering the modern systems of water rights which are at the centre of this publication. The latter provides a systematic account of the administrative lifecycle of modern water rights, as reflected in regulatory legislation. These three publications combined provide a rounded review and, in part, a critical analysis of the theory and practice of modern water rights. It is hoped that they will be of inspiration and use in the process of reforming water laws in general, and the laws concerning water rights in particular.
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    Book (series)
    Land and water: the rights interface 2004
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    This paper is concerned with the interface between land tenure rights and water rights. Such rights relate to what are arguably the most important natural resources of the modern nation-state. Land, in the form of territory, is a pre-requisite for a state’s existence while freshwater is a pre-requisite for life. The relationship between these two resources is of equal significance. Water is necessary for most productive uses of land. In a growing number of countries with arid climates the main constraint to agricultural growth is the availability of water rather than land. To ensure sustainability, the need for an integrated approach to the use and management of these resources is increasingly recognised.
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    Book (series)
    Integrated coastal management law: Establishing and strengthening national legal frameworks for integrated coastal management
    FAO Legislative Study, no. 93
    2006
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    This publication is intended to assist anyone involved in the development or implementation of a legal or institutional framework to promote integrated coastal management (ICM). It includes revised versions of some of the information contained in the 1994 FAO publication "Legal and Institutional Aspects of Integrated Coastal Area Management in National Legislation" and the 1998 FAO Publication "Integrated Coastal Area Management and Agriculture, Forestry and Fisheries", FAO Guidelines. However t he focus of this publication is on identifying and providing practical guidance on how to deal with typical issues that arise in the development, drafting and implementation of ICM legislation. In doing so it draws upon the experiences of a range of countries throughout the world which are at various stages of developing and implementing legislation to promote ICM.

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