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Douglas Fisher

Water in its natural location has traditionally been regarded as a common resource to be used for the benefit of the community in question. The function of legal rules has been to grant access to the resource: for example, by the conferment of individual rights of access according to the common law or by the grant of such rights according to an institutionalized administrative system. In Australia the legacy of the common law favoured the common law riparian doctrine. The recognition of the unique environmental and climatic conditions in Australia influenced the development during the twentieth century of a public domain regime. This chapter analyzes these developments in Australia in the context of their wider doctrinal context. Keywords: Chapter 1 (Fisher): Common Resource, Roman law, Chinese law, public domain regime, riparian doctrine, Australian water law

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Preface

A Study of Structure, Form and Language

Douglas Fisher

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Law, language and reasoning

A Study of Structure, Form and Language

Douglas Fisher

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Forms of legal argumentation

A Study of Structure, Form and Language

Douglas Fisher

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The methodology of legal decision-making

A Study of Structure, Form and Language

Douglas Fisher

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Rules of competence and limitation: Territorial resources

A Study of Structure, Form and Language

Douglas Fisher

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Rules of limitation: Common resources

A Study of Structure, Form and Language

Douglas Fisher

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Internationally accepted rules: The normative framework

A Study of Structure, Form and Language

Douglas Fisher

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Internationally accepted rules: Implementation measures

A Study of Structure, Form and Language

Douglas Fisher

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Judicially constructed rules: Biological resources

A Study of Structure, Form and Language

Douglas Fisher