scholarly journals Die nasionalisering van waterregte in Suid-Afrika: ontneming of onteiening

2017 ◽  
Vol 6 (1) ◽  
pp. 80
Author(s):  
Elmarie Van der Schyff
Keyword(s):  
Water Resources ◽  
South African ◽  
Water Use ◽  
Local Governments ◽  
Environmental Governance ◽  
Private Property ◽  
The State ◽  
Agenda 21 ◽  
International Environmental Governance ◽  
National Water

South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998.  The previous distinction between public and private water has been abolished and the Minister of Water Affairs and Forestry has been appointed to act as trustee of the nation's water resources.  Through the working of section 4(4), exclusive rights of water use, which were in force before 1998, were replaced by water allowances, granted in the discretion of the relevant authority.The key issue, which is investigated in this article, is whether the state, through the provisions of the National Water Act, expropriated vested rights in property or whether such infringement merely constituted a deprivation.The new concept of property in terms of section 25 of the Constitution of the Republic of South Africa and the distinction between deprivation and expropriation are examined.  It is indicated that the concept of property in South African law has been extended to include not only ownership but also rights in property.  Existing water use rights, which were available to certain individuals in terms of the 1956 Water Act, can be classified as property.Section 25(1) authorises the infringement of private property in certain defined instances.  Despite the many academic works which define the difference between deprivation and expropriation as described in section 25(2), the Constitutional Court clarified this matter in First National Bank of SA Ltd t/a Wesbank v Commissioner for the South African Revenue Services 2002 7 BCLR 702 (CC).  Expropriation is described as a sub-category of deprivation.  Only when it has been established that the requirements of section 25(1) have been complied with, is the question of whether deprivation constitutes expropriation, asked.The requirements for deprivation, expropriation and inverse condemnation are discussed with reference to applicable case law.After the aim of the National Water Act was weighed up against the disadvantages which individuals suffer through the infringement of their vested rights, the conclusion was reached that the nation's need for sustainable water resources carries more weight than the individual's exclusive right of use of water.  A constitutionally valid deprivation has thus occurred.  Due to the fact that the state did not appropriate any rights in this process, the conclusion was reached that this provision does not amount to expropriation.  It does however appear that the provisions of the National Water Act can give rise to inverse condemnation or constructive expropriation in specific circumstances.In addition, three other strategies of strengthening international environmental governance should be pursued: First, the various international environmental treatymaking and treaty-implementation processes should be better harmonised or, at least, co-ordinated; in this context, UNEP is called upon to continue and intensify its efforts to enhance the synergies and linkages between multilateral environmental agreements (MEAs) with comparable areas of focus, by prompting the respective MEA secretariats to enter into appropriate co-ordination arrangements and giving them full logistic support in this respect. Second, as many non-governmental organisations (NGOs) have considerable knowledge and expertise in environmental and developmental matters, States should consider intensifying the partnership with them. States should, however, be empowered to make a selective choice among the mass of NGOs operating at international level. They should accept as partners only those NGOs which meet certain qualitative requirements. Third, as local governments are key components of national sustainable development strategies if such plans are to succeed, the existing local Agenda 21 processes should be expanded and intensified. In particular, supporting the direct engagement of local and sub-national institutions from around the world in international activities and partnerships is an important component of good international environmental governance.

scholarly journals Strengthening International Governance for Sustainable Development: Expectations for the 2002 Johannesburg World Summit

2017 ◽  
Vol 5 (1) ◽  
pp. 16
Author(s):  
Ulrich Beyerlin
Keyword(s):  
Sustainable Development ◽  
Local Governments ◽  
Environmental Governance ◽  
Policy Advice ◽  
World Summit ◽  
Agenda 21 ◽  
Governing Council ◽  
Multilateral Environmental Agreements ◽  
International Environmental Governance ◽  
Starting Point

During the broad preparatory process for the Johannesburg World Summit there was hope that Johannesburg would become the starting point for establishing a more effective "international environmental governance". However, there is still controversial debate on how to achieve the aim of better governance. As the idea of establishing a Global Environment Organisation (GEO) with which the existing UNEP could merge can, at best be realised in the long run, UNEP should continue to play its leading role in the field of international environmental action. However, it will undoubtedly be unable to do so unless its internal structure and financial base are considerably strengthened. It was certainly a serious handicap that, until recently, the UNEP Governing Council has hampered effective ministerial participation and continuity in governance. Now it is supposed to share its governance role with the newly established Global Ministerial Environment Forum (GMEF), functioning as an additional UNEP policy organ that is expected to provide broad overarching policy advice. The GMEF is determined to meet annually at ministerial level. But there is still controversial debate on the question whether the GMEF, as opposed to the Governing Council, is to be organised as a body with universal membership. In the author’s view, UNEP should continue to function as a non-plenary organ with clear-cut decision-making powers. It should meet at the ministerial level. Considering its broad range of tasks, it should function on a permanent basis in the future. And, finally, it should be assisted by a high-level intergovernmental body for providing broad overarching environmental policy advice; the GMEF might function as such a body. Both UNEP and the Commission on Sustainable Development (CSD) must foster environmental protection and development as a uniform endeavour which urgently requires integrated solutions. This can be done by effecting a pragmatic division of work at functional and operational levels.In addition, three other strategies of strengthening international environmental governance should be pursued: First, the various international environmental treaty-making and treatyimplementation processes should be better harmonised or, at least, co-ordinated; in this context, UNEP is called upon to continue and intensify its efforts to enhance the synergies and linkages between multilateral environmental agreements (MEAs) with comparable areas of focus, by prompting the respective MEA secretariats to enter into appropriate co-ordination arrangements and giving them full logistic support in this respect. Second, as many non-governmental organisations (NGOs) have considerable knowledge and expertise in environmental and developmental matters, States should consider intensifying the partnership with them. Statesshould, however, be empowered to make a selective choice among the mass of NGOs operating at international level. They should accept as partners only those NGOs which meet certain qualitative requirements. Third, as local governments are key components of national sustainable development strategies if such plans are to succeed, the existing local Agenda 21 processes should be expanded and intensified. In particular, supporting the direct engagement of local and sub-national institutions from around the world in international activities and partnerships is an important component of good international environmental governance

scholarly journals Water saving through international trade of agricultural products

2006 ◽  
Vol 10 (3) ◽  
pp. 455-468 ◽  
Author(s):  
A. K. Chapagain ◽  
A. Y. Hoekstra ◽  
H. H. G. Savenije
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Virtual Water ◽  
Water Saving ◽  
Agricultural Products ◽  
Green Water ◽  
Blue Water ◽  
Water Flows ◽  
Global Water ◽  
National Water

Abstract. Many nations save domestic water resources by importing water-intensive products and exporting commodities that are less water intensive. National water saving through the import of a product can imply saving water at a global level if the flow is from sites with high to sites with low water productivity. The paper analyses the consequences of international virtual water flows on the global and national water budgets. The assessment shows that the total amount of water that would have been required in the importing countries if all imported agricultural products would have been produced domestically is 1605 Gm3/yr. These products are however being produced with only 1253 Gm3/yr in the exporting countries, saving global water resources by 352 Gm3/yr. This saving is 28 per cent of the international virtual water flows related to the trade of agricultural products and 6 per cent of the global water use in agriculture. National policy makers are however not interested in global water savings but in the status of national water resources. Egypt imports wheat and in doing so saves 3.6 Gm3/yr of its national water resources. Water use for producing export commodities can be beneficial, as for instance in Cote d'Ivoire, Ghana and Brazil, where the use of green water resources (mainly through rain-fed agriculture) for the production of stimulant crops for export has a positive economic impact on the national economy. However, export of 28 Gm3/yr of national water from Thailand related to rice export is at the cost of additional pressure on its blue water resources. Importing a product which has a relatively high ratio of green to blue virtual water content saves global blue water resources that generally have a higher opportunity cost than green water.

Use of land in a water fund in modern conditions

2017 ◽  
Vol 1 (92) ◽  
pp. 26-29
Author(s):  
K.I. Ryzhova ◽  
V.M. Mandzyk
Keyword(s):  
Water Management ◽  
Land Use ◽  
Economic Development ◽  
Water Resources ◽  
Water Use ◽  
Financial Support ◽  
Private Enterprise ◽  
The State ◽  
Institutional System

The article deals with issues of management and financial support land use water resources Ukraine in terms of decentralization. It was established that one of the obstacles to decentralization in Ukraine is the lack of necessary funding infrastructure upgrades lands of water fund. The necessity of reforming the institutional system of water use on the lands of water fund, through the implementation of new institutional forms of economic development, water resources, focused on the water and agricultural needs of communities. In particular, they provide for the establishment of partnerships between the state and private enterprise entities and ensure diversification of investment water management and protection projects.

scholarly journals HAK KONSTITUSIONAL ATAS AIR PASCA DIHAPUSNYA UNDANG UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR OLEH MAHKAMAH KONSTITUSI

2021 ◽  
Vol 3 (2) ◽  
pp. 136-143
Author(s):  
Nova Yarsina
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Water Resources ◽  
Local Governments ◽  
The State ◽  
Constitutional Court ◽  
Clean Water ◽  
Water Services ◽  
Access To Water ◽  
The Right

The purpose of this study is to examine human rights over water after the abolition of Law Number 7 of 2004 concerning Water Resources by the Constitutional Court. The research method used is normative juridical. Later there was an opinion that if the state was unable to guarantee the fulfillment of human rights over water, then the water supply was carried out by a third party. The state must regulate the appropriateness of control over water sources, affordability of prices, guarantees for water health. For the realization of these things, a system of regulation must be made. An independent regulatory body can also be formed, public participation, and sanctions against violations. In essence, every regulation issued by the local government related to water use actually makes water as "Economic goods". Commercialization and privatization of water services is not an illegal thing as long as it can improve clean water services so that public access to water also increases. Local governments should be able to understand that commercialization of water resources by setting drinking water tariffs that exceed the capacity and reasonableness of the community actually results in reduced community access to water resources, especially clean water and drinking water. The poor and marginalized are the most vulnerable groups to the failure to fulfill the right to water by the State. To see the extent to which the fulfillment of the right to water by the state apart from the perspective of the executive authority, it is necessary to look at court decisions that can reflect the fulfillment of the right to water especially after the abolition of Law Number 7 of 2004 concerning Water Resources by the Constitutional Court and return to Law Number 11 of 1974 concerning Irrigation.

Return of the Leviathan? Hydropolitics in the developing world revisited

Water Policy ◽  
2010 ◽  
Vol 12 (5) ◽  
pp. 641-653 ◽  
Author(s):  
Synne Movik
Keyword(s):  
South African ◽  
Developing World ◽  
Research Unit ◽  
The State ◽  
Main Argument ◽  
Water Research ◽  
Management Regimes ◽  
Water Legislation ◽  
National Water

The paper focuses on the evolution of water management regimes, water scarcity, and the transition to a new water legislation in South Africa that occurred with the passing of the 1998 National Water Act. It takes issue with the analysis offered by Turton & Meissner in their 2002 article ‘The hydrosocial contract and its manifestation in society: A South African case study’ (in Hydropolitics and The Developing World (2002), African Water Research Unit, Pretoria, pp. 37–60) who argue that the relations between resource users and the State may be conceived of as a ‘hydrosocial contract’, and that the nature of this relationship has changed from constituting a Hobbesian form of social contract where the State is all-powerful (the Leviathan), to a more Lockean form, where the emphasis is on individuals' willingness to cede some of their autonomy in order to be governed. The main argument against Turton & Meissner's analysis is that it ignores policy and legislative aspects, which, if included, would substantially alter their conclusion.

South Africa

2019 ◽  
pp. 314-333
Author(s):  
Jan Glazewski
Keyword(s):  
South Africa ◽  
South African ◽  
Local Governments ◽  
Environmental Governance ◽  
Environmental Law ◽  
Bill Of Rights ◽  
Implementation Framework ◽  
Domestic Law ◽  
National Environmental

This chapter examines the environmental law of South Africa. It first considers how powers are allocated with regards to environmental law, taking into account the constitutional and other bases of South African environmental law, the elevated status of international law in South African domestic law, relevant provisions of the Bill of Rights with respect to environmental rights and sustainable development, and distribution of competences among national, provincial, and local governments regarding environmental governance. The chapter goes on to discuss the structure and substance of South Africa’s environmental law, focusing on the National Environmental Management Act (NEMA) and the environmental principles and sectorial laws it contains. It also analyses the implementation framework for environmental law, describing cooperative governance in practice and the role of relevant governmental departments from integration to sectorialization. Finally, it provides an overview of the legal conundrums created by the so-called One Environmental System (OES).

scholarly journals Lei das águas no Estado do Pará, Brasil: avanços, entraves e reflexões

2021 ◽  
Vol 25 ◽  
pp. e8
Author(s):  
Davi Farias da Silva ◽  
Jaqueline Maria Soares da Silva ◽  
Camila De Mesquita Salim ◽  
Silvana Do Socorro Veloso Sodré ◽  
Norma Ely Santos Beltrão
Keyword(s):  
Water Resources ◽  
Water Resources Management ◽  
Management System ◽  
The State ◽  
Water Law ◽  
State Council ◽  
Resources Management ◽  
State Water ◽  
Water Uses ◽  
National Water

In Brazil, Law No. 9,433/2007 was responsible for establishing the National Water Resources Policy and the National Water Resources Management System, with the aim of maintaining the quality and quantity of water resources, reducing conflicts due to multiple water uses and increasing the participation of civil society in decision-making on issues related to this resource. In 2001, it was the turn of Pará State to institute its own water resources legislation through State Law No. 6,381/2001, in consonance with federal legislation. The main purpose of this study was to analyze the institution of the Water Law in the State of Pará and to investigate how far the State has managed to implement the entities that make up its State Water Resources Management System and its management instruments. For this reason, a documental research was carried out in the record and resolutions of the State Council of Water Resources of Pará, a advisory, normative and deliberative body and occupant of the highest position within the state system, on the SEMAS website that contains in the Management Body of the state's water resources policy and in academic papers related to this subject. The results reveal that, even after almost two decades of this legislation, not all entities in the system are instituted, as well as some management instruments were not elaborated, particularly the State Water Resources Plan given its degree of importance.  

scholarly journals Water saving through international trade of agricultural products

2005 ◽  
Vol 2 (6) ◽  
pp. 2219-2251 ◽  
Author(s):  
A. K. Chapagain ◽  
A. Y. Hoekstra ◽  
H. H. G. Savenije
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Virtual Water ◽  
Water Saving ◽  
Agricultural Products ◽  
Green Water ◽  
Blue Water ◽  
Water Flows ◽  
Global Water ◽  
National Water

Abstract. Many nations save domestic water resources by importing water-intensive products and exporting commodities that are less water intensive. National water saving through the import of a product can imply saving water at a global level if the flow is from sites with high to sites with low water productivity. The paper analyses the consequences of international virtual water flows on the global and national water budgets. The assessment shows that the total amount of water that would have been required in the importing countries if all imported agricultural products would have been produced domestically is 1605 Gm3/yr. These products are however being produced with only 1253 Gm3/yr in the exporting countries, saving global water resources by 352 Gm3/yr. This saving is 28% of the international virtual water flows related to the trade of agricultural products and 6% of the global water use in agriculture. National policy makers are however not interested in global water savings but in the status of national water resources. Egypt imports wheat and in doing so saves 3.6 Gm3/yr of its national water resources. Water use for producing export commodities can be beneficial, as for instance in Cote d'Ivoire, Ghana and Brazil, where the use of green water resources (mainly through rain-fed agriculture) for the production of stimulant crops for export has a positive economic impact on the national economy. However, export of 28 Gm3/yr of national water from Thailand related to rice export is at the cost of additional pressure on its blue water resources. Importing a product which has a relatively high ratio of green to blue virtual water content saves global blue water resources that generally have a higher opportunity cost than green water.

scholarly journals Assessment of impacts of utilization on water resources in the basin of trans-boundary Red river system

2020 ◽  
Vol 19 (4) ◽  
pp. 497-505
Author(s):  
Do Huy Cuong ◽  
Nguyen Lap Dan ◽  
Bui Thi Bao Anh ◽  
Nguyen Thi Nhan ◽  
Nguyen Xuan Tung ◽  
...  
Keyword(s):  
Water Resources ◽  
Water Level ◽  
Water Use ◽  
River System ◽  
The State ◽  
Red River ◽  
Level Lowering

The Red river system is the large trans-boundary river system, there has been no united system of hydrology stations as well as integrated plan for the water use and management in the whole basin. The trend of water resources change in the Red river system basin has been assessed on the basic of statistic analyses of data observed during the studies, especially in the time when the exploitation of water resources has been intensified for the multisectoral development. This paper shows some of the results from considerations of the water use in the highlands that is influential in water resources in the Red river system basin and the planned reservoirs which are built in the basin of Red river system. The results include the assessment of the state and trend of water resources in the Red river system basin, the trend of water level lowering in the lowlands and its impacts.

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