1st Edition
Trans-jurisdictional Water Law and Governance
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance.
Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.
Part 1: Introduction
1. The Challenge of Trans-jurisdictional Water Law and Governance
Janice Gray, Cameron Holley and Rosemary Rayfuse
Part 2: Trans-Jurisdictional Water Law and Governance – Theoretical Underpinnings and International Approaches
2. Trans-jurisdictional Water Governance: Law’s Role at Multiple Levels
Lee Godden
3. Transboundary Water Governance through the Prism of the Mekong River Basin
Richard Paisley, Patrick Weiler and Taylor Henshaw
4. Trans-jurisdictional Water Governance in the European Union
Marleen Van Rijswick
5. Critical Linkages: Trans-jurisdictional Approaches to Advancing Indigenous Marine Governance
Lauren Butterly and Erika Techera
Part 3: Trans-Jurisdictional Water Law and Governance – National Approaches
6. Intra-national Rivalries: A Submerged Aspect of Transboundary Water Governance
Paul Martin and Amanda Kennedy
7. Defragging: Overcoming Fragmentation in United States Water Governance
Buzz Thompson
8. Beyond the Traditional Governance of Trans-jurisdictional Groundwater: Unconventional Approaches to Cross-boundary Aquifer Management in the United States
Rebecca Nelson and Meg Casey
9. Muddied Water: (Un)co-operative Governance and Water Management in South Africa
Michael Kidd
10. The Flow of Laws: The Trans-jurisdictional Laws of the Longest River in Aotearoa New Zealand
Jacinta Ruru
Part 4: Emerging Challenges in Trans-Jurisdictional Water Law and Governance
11. Diffuse Source Pollution and Water Quality Law for the Great Barrier Reef: Why the Reticence to Regulate?
Marie Waschka and Alex Gardner
12. Trans-jurisdictional Water Governance in the Context of Unconventional Gas Mining: The Australian Experience
Janice Gray
13. Protecting Coastal Wetlands in a Changing Climate: Reinvigorating Integrated Coastal Zone Governance
Jan McDonald and Anita Foerster
14. Contests over ‘Wild’ Rivers in Queensland: Implications for Trans-jurisdictional Water Governance
Poh Ling Tan
15. Trans-jurisdictional Water Governance and Implementing the Human Right to Water in South Africa
Cristy Clark
Part 5: Conclusion
16. The Future of Trans-jurisdictional Water Law and Governance
Janice Gray, Cameron Holley and Rosemary Rayfuse
Biography
Janice Gray is Senior Lecturer in the Faculty of Law and an Affiliate of the Connected Waters Initiative Research Centre at UNSW Australia (The University of New South Wales).
Cameron Holley is Associate Professor in the Faculty of Law and Connected Waters Initiative Research Centre at UNSW Australia.
Rosemary Rayfuse is Professor of International Law in the Faculty of Law at UNSW Australia.
