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CONCEIVING LEGISLATION AS A TOOL IN SUPPORT OF ADAPTIVE WATER MANAGEMENT

IWRA World Water Congress 2011 Pernambuco Brazil
3. Governance and water law (co-convened by IWRA and AIDA)
Author(s): Marcella Nanni

Marcella Nanni, International Association for Water Law (AIDA), , marcellananni@gmail.com


Article: PDF

Abstract

Climate change legislation enacted in recent years tends to establish a framework for the integration of climate change issues into government policies on a wide range of topics. It does not cover water resources as such. Therefore, it implicitly leaves to water legislation the task of providing for such integration. Present day legislation does not always address this need, which implies striking a balance between a clear-cut definition of water use rights (and duties) and the functions of the public (water) administration on the one hand and, on the other, the flexibility required to respond to the vagaries of a changing climate, inter alia through adaptation strategies, plans and programmes. Based on a review of efforts being made in a number of countries to respond to the climate change challenge, an attempt will be made to shed light on how this challenge could be addressed through water legislation.

Keywords: climate change, water legislation, adaptation, water use rights, flood management.

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