Liquid Relations: Contested Water Rights and Legal Complexity
by Dik Roth, Rutgerd Boelens and Margreet Zwarteveen
Rutgers University Press, 2005 Cloth: 978-0-8135-3674-3 | Paper: 978-0-8135-3675-0 | eISBN: 978-0-8135-8065-4 Library of Congress Classification K3496.L57 2005 Dewey Decimal Classification 346.0432
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC
ABOUT THIS BOOK
Water management plays an increasingly critical role in national and international policy agendas. Growing scarcity, overuse, and pollution, combined with burgeoning demand, have made socio-political and economic conflicts almost unavoidable. Proposals to address water shortages are usually based on two key assumptions: (1) water is a commodity that can be bought and sold and (2) “states,” or other centralized entities, should control access to water.
Liquid Relations criticizes these assumptions from a socio-legal perspective. Eleven case studies examine laws, distribution, and irrigation in regions around the world, including the United States, Nepal, Indonesia, Chile, Ecuador, India, and South Africa. In each case, problems are shown to be both ecological and human-made. The essays also consider the ways that gender, ethnicity, and class differences influence water rights and control.
In the concluding chapter, the editors draw on the essays’ findings to offer an alternative approach to water rights and water governance issues. By showing how issues like water scarcity and competition are embedded in specific resource use and management histories, this volume highlights the need for analyses and solutions that are context-specific rather than universal.
AUTHOR BIOGRAPHY
Dik Roth is a researcher and lecturer on legal anthropology, natural resources management, and development in the law and governance group of the department of social sciences at Wageningen University in the Netherlands. Rutgerd Boelens and Margreet Zwarteveen are researchers and lecturers on water rights, water management, and development policies in the department of environmental sciences, also at Wageningen University.
REVIEWS
This book makes a significant contribution to our understanding of the global problem of increasing competition for fresh water by applying the insights of legal pluralism to the understudied issue of water rights.
— Robert C. Hunt, Brandeis University
TABLE OF CONTENTS
Contents
Acknowledgements
Chapter 1
Legal Complexity in the Analysis of Water Rights and Water Resources Management
Rutgerd Boelens, Margreet Zwarteveen, and Dik Roth
Chapter 2
Prescribing Gender Equity? The Case of the Tukucha Nala Irrigation System, Central Nepal
Pranita Bhushan Udas and Margreet Zwarteveen
Chapter 3
Defending Indigenous Water Rights with the Laws of a Dominant Culture: The Case of the United States
David H. Getches
Chapter 4
In the Shadow of Uniformity. Balinese Irrigation Management in a Public Works Irrigation System in Luwu, South Sulawesi, Indonesia.
Dik Roth
Chapter 5
Anomalous Water Rights and the Politics of Normalization. Collective Water Control and Privatization Policies in the Andean Region.
Rutgerd Boelens and Margreet Zwarteveen
Chapter 6
Complexities of Water Governance: Rise and Fall of Groundwater for Urban Use
Amreeta Regmi
Chapter 7
Special Law: Recognition and Denial of Diversity in Andean Water Control
Rutgerd Boelens, Ingo Gentes, Armando Guevara Gil, and Patricia Urteaga
Chapter 8
A Win-Some Lose-All Game. Social Differentiation and Politics of Groundwater Markets in North Gujarat
Anjal Prakash and Vishwa Ballabh
Chapter 9
Redressing Racial Inequities through Water Law in South Africa: Interaction and Contest among Legal Frameworks
Barbara van Koppen and Nitish Jha
Chapter 10
Routes to Water Rights
Bryan Bruns
Chapter 11
Analyzing Water Rights, Multiple Uses and Intersectoral Water Transfers
Ruth Meinzen-Dick and Rajendra Pradhan
Chapter 12
Water Rights and Legal Pluralism: Beyond Analysis and Recognition
Margreet Zwarteveen, Dik Roth and Rutgerd Boelens
Bibliography
Index
Nearby on shelf for Law in general. Comparative and uniform law. Jurisprudence / Comparative law. International uniform law / Public property. Public restraint on private property:
Liquid Relations: Contested Water Rights and Legal Complexity
by Dik Roth, Rutgerd Boelens and Margreet Zwarteveen
Rutgers University Press, 2005 Cloth: 978-0-8135-3674-3 Paper: 978-0-8135-3675-0 eISBN: 978-0-8135-8065-4
Water management plays an increasingly critical role in national and international policy agendas. Growing scarcity, overuse, and pollution, combined with burgeoning demand, have made socio-political and economic conflicts almost unavoidable. Proposals to address water shortages are usually based on two key assumptions: (1) water is a commodity that can be bought and sold and (2) “states,” or other centralized entities, should control access to water.
Liquid Relations criticizes these assumptions from a socio-legal perspective. Eleven case studies examine laws, distribution, and irrigation in regions around the world, including the United States, Nepal, Indonesia, Chile, Ecuador, India, and South Africa. In each case, problems are shown to be both ecological and human-made. The essays also consider the ways that gender, ethnicity, and class differences influence water rights and control.
In the concluding chapter, the editors draw on the essays’ findings to offer an alternative approach to water rights and water governance issues. By showing how issues like water scarcity and competition are embedded in specific resource use and management histories, this volume highlights the need for analyses and solutions that are context-specific rather than universal.
AUTHOR BIOGRAPHY
Dik Roth is a researcher and lecturer on legal anthropology, natural resources management, and development in the law and governance group of the department of social sciences at Wageningen University in the Netherlands. Rutgerd Boelens and Margreet Zwarteveen are researchers and lecturers on water rights, water management, and development policies in the department of environmental sciences, also at Wageningen University.
REVIEWS
This book makes a significant contribution to our understanding of the global problem of increasing competition for fresh water by applying the insights of legal pluralism to the understudied issue of water rights.
— Robert C. Hunt, Brandeis University
TABLE OF CONTENTS
Contents
Acknowledgements
Chapter 1
Legal Complexity in the Analysis of Water Rights and Water Resources Management
Rutgerd Boelens, Margreet Zwarteveen, and Dik Roth
Chapter 2
Prescribing Gender Equity? The Case of the Tukucha Nala Irrigation System, Central Nepal
Pranita Bhushan Udas and Margreet Zwarteveen
Chapter 3
Defending Indigenous Water Rights with the Laws of a Dominant Culture: The Case of the United States
David H. Getches
Chapter 4
In the Shadow of Uniformity. Balinese Irrigation Management in a Public Works Irrigation System in Luwu, South Sulawesi, Indonesia.
Dik Roth
Chapter 5
Anomalous Water Rights and the Politics of Normalization. Collective Water Control and Privatization Policies in the Andean Region.
Rutgerd Boelens and Margreet Zwarteveen
Chapter 6
Complexities of Water Governance: Rise and Fall of Groundwater for Urban Use
Amreeta Regmi
Chapter 7
Special Law: Recognition and Denial of Diversity in Andean Water Control
Rutgerd Boelens, Ingo Gentes, Armando Guevara Gil, and Patricia Urteaga
Chapter 8
A Win-Some Lose-All Game. Social Differentiation and Politics of Groundwater Markets in North Gujarat
Anjal Prakash and Vishwa Ballabh
Chapter 9
Redressing Racial Inequities through Water Law in South Africa: Interaction and Contest among Legal Frameworks
Barbara van Koppen and Nitish Jha
Chapter 10
Routes to Water Rights
Bryan Bruns
Chapter 11
Analyzing Water Rights, Multiple Uses and Intersectoral Water Transfers
Ruth Meinzen-Dick and Rajendra Pradhan
Chapter 12
Water Rights and Legal Pluralism: Beyond Analysis and Recognition
Margreet Zwarteveen, Dik Roth and Rutgerd Boelens
Bibliography
Index
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC