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Full-Text Articles in Law
Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa
Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa
Ryan B. Stoa
In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Jill M. Fraley
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Gabriel Eckstein
Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Gabriel Eckstein
Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region. In the absence of national governmental interests and involvement on either side of the frontier, …
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
David N Cassuto
This article examines two of the major water legal regimes in theAmericas—that of Brazil and the United States. Both countries haveextensive wet and dry regions and both hydro-regimes face a significantthreat from global warming. Brazil, for instance, is home to betweeneight and fifteen percent of the world’s fresh water, and its fast-growingeconomy and population present major challenges in management andallocation. The U.S. also faces major water allocation problems resultingfrom past settlement policies; unsustainable reclamation projects; andalso fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as arenewable and limitless resource, a cultural legacy that …