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Title: Intra-national rivalries: A submerged aspect of trans-boundary water governance
Contributor(s): Martin, Paul  (author)orcid ; Kennedy, Amanda L  (author)
Publication Date: 2016
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Abstract: A growing realization of the need to shift from a focus upon instruments to a governance1 systems approach is evident in the Rio+20 declaration 'The World We Want', the IUCN 'Natural Resources Governance' framework, UNEP's Environmental Governance sub-programme and in the UNEP I WGEA MoU (4/90 implementation - GE05).2 Despite more than 2000 international legal instruments and 110,000 national laws and regulations,3 resource governance outcomes fall short of being sustainable. Environmental law has to respond to political, social and economic system conditions that are less than optimal, including insufficient resources or political commitment, or the inability of society to change to the degree that is necessary. Effective law has to be designed and implemented based upon these realities. This chapter concerns water rivalries, in particular how the law interacts with other non-law variables to generate, shape or manage conflicts, and how these impact upon the effectiveness, efficiency and fairness of water policy. In international trans-boundary water law, conflict has been given a lot of attention because of the serious consequences of nation state conflicts and because the parties have equal sovereign status (Wolf, 1997; Waslekar and Futehally, 2013). However, in intra-national, settings rivalry issues do not seem to be given sufficient attention.
Publication Type: Book Chapter
Source of Publication: Trans-jurisdictional Water Law and Governance, p. 101-119
Publisher: Routledge
Place of Publication: London, United Kingdom
ISBN: 9781315681764
Fields of Research (FoR) 2008: 180111 Environmental and Natural Resources Law
Fields of Research (FoR) 2020: 480203 Environmental law
Socio-Economic Objective (SEO) 2008: 960799 Environmental Policy, Legislation and Standards not elsewhere classified
Socio-Economic Objective (SEO) 2020: 190299 Environmental policy, legislation and standards not elsewhere classified
HERDC Category Description: B1 Chapter in a Scholarly Book
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Series Name: Earthscan Studies in Water Resource Management
Editor: Editor(s): Janice Gray, Cameron Holley and Rosemary Rayfuse
Appears in Collections:Book Chapter
School of Law

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