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Edited by Joseph W Dellapenna and Joyeeta Gupta

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.
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Edited by Hope Ashiabor, Janet E. Milne and Mikael Skou Andersen

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Edited by Hope Ashiabor, Janet E. Milne and Mikael Skou Andersen

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Anna Berti Suman

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Anna Berti Suman

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Anna Berti Suman

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Edited by Michael Faure

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Julia Talbot-Jones

Abstract As demand for water increases around the world, the identification of legal tools that more effectively protect and enhance water systems is of growing interest to policy makers and legal experts. Within water law, particular attention has been given to understanding how the ‘rights-of-nature’ approach might help address a range of cultural, environmental, and social issues arising from competing uses. This chapter examines three cases where legal rights have been granted to rivers to understand how the evolving rights-of-nature provisions have been integrated with water law. The results show that granting legal rights to rivers is a dynamic legal approach that can be used across a range of political, social, and legal contexts, and implemented for an assortment of reasons.
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Joseph W Dellapenna

Abstract From ancient times, waterbodies have served as convenient and easily identifiable borders. Defining a precise boundary along the waterbody is a matter of local history, being identified between states by treaty or custom, and between private parties or between private lands and public lands by statute, regulation, contract, deed, or custom. The earliest extant detailed discussions of such boundaries are in ancient Roman Law, principles that have persisted down to today. Despite many variations in the precise definitions of the boundaries, certain general principles have emerged that are summarized in this chapter.
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Léna Salamé and Raya Marina Stephan

Abstract Water law in the Middle East developed as a result of the geophysical and hydrological specifics of the region. Historically, four levels of law overlaid each other in the region: customary laws, religious laws, Ottoman laws, and new States’ laws. Until the last third of the twentieth century there had been no comprehensive water law in any part of the Middle East; instead existing laws drew heavily on local customs and religion, most obviously, Islam. Today, only very few countries from the region have a water law, while in most cases provisions related to water remain scattered in different legislations. Review of existing water law in the Middle East brings to light a number of themes and principles that can be identified as the main pillars of Integrated Water Resources Management.