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Full-Text Articles in Law

The Plachimada Problem, Nishita Vasan Nov 2009

The Plachimada Problem, Nishita Vasan

Nishita Vasan

Groundwater is a precious natural resource for a community. The acute water shortage and pollution hazard created by the actions of the Coca Cola Company in Perumatty Grama Panchayat, Kerala has grave implications for Kerala’s farming community. Concomitantly, the decision of the Division Bench of the Kerala High Court will critically impact environmental jurisprudence in India. The Division Bench, while considering multifarious issues involved, adopted a narrow approach and failed to take into account material factors which could have substantially altered the result of the case. The Judiciary and the State failed to recognise the principle of public trust that …


Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall Dec 2008

Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall

Noah D Hall

Throughout human history, water has defined our sense of place. American water law reflects the connections between water and local people, communities, and the environment. Against this backdrop, global water markets have developed to sell and export this increasingly precious resource. Water markets are recognized in international trade law and take many forms, from tankers of freshwater crossing the Mediterranean to bottles of spring water coming to America from distant pacific islands. While the scale of water sales and exports is still relatively small, this emerging market represents a new challenge for management of water resources. This article examines the …