The tension between state ownership and private quasi?property rights in water

نویسندگان

چکیده

A critical legal issue in water governance is who owns and holds property rights water. Hence, we address the question: How has state of knowledge on private evolved worldwide, how are these embedded current existing constructions? In answering question, this article reviews literature to: (i) understand ownership main systems, (ii) capture “property” constructions; (iii) reflect application practice. We conclude: (a) While most states have placed public domain, past statutory systems difficult to abolish, increasingly Indigenous peoples successfully demanding recognition of, reclaiming their rights. (b) States (re)allocating through mechanisms, including clearly defined bundle-of-rights. And (c), while ostensibly controls water, allocation historic new instruments “encroaches” ownership, created confusion affecting state's power adaptively govern This reflects tension between need own interest, with agriculture industries reliable supplies leading use that imply “quasi-property” categorized under: Human Water > Governance Rights

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ژورنال

عنوان ژورنال: Wiley Interdisciplinary Reviews: Water

سال: 2022

ISSN: ['2049-1948']

DOI: https://doi.org/10.1002/wat2.1621