1 / 9

Public Values in Water Law : A Case of Vertical Fragmentation ?

Public Values in Water Law : A Case of Vertical Fragmentation ?. M. Ambrus H.K. Gilissen J.J.H. van Kempen Water and Ocean Law in Times of Climate Change 31 October and 1 November 2013 Utrecht University, Utrecht. Setting the scene. Water as a public good

milla
Download Presentation

Public Values in Water Law : A Case of Vertical Fragmentation ?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Public Values in Water Law: A Case of VerticalFragmentation? M. Ambrus H.K. Gilissen J.J.H. van Kempen Water and Ocean Law in Times of Climate Change 31 Octoberand 1 November 2013 Utrecht University, Utrecht

  2. Setting the scene • Water as a public good • Need of ensuring public values • But difficultiesbecause: • Water is managed at different levels • Water management has different dimensions Water law is fragmented.

  3. Purposes of the paper • Theoreticalframeworkfor the identification of public values • Which public values are protected at different levels andacrosstwodimensions of water law Main question: Whetherinstitutionalfragmentation leads tosubstantivefragmentation as to the public valuesbeingprotected?

  4. Public values: a conceptualframework (I) - Background Fragmented water law: horizontalandverticalfragmentation Horizontally: • Environmentaldimension • Economicdimension • Socialjustice/human rightsdimension Vertically: • Global/international level • Regional level (EU) • Sub-regional level (riverbasin) • Domestic level

  5. Public values: a conceptualframework (II) – Public values in general

  6. Public values: a conceptualframework (III) – Workingdefinition Public values are guiding principles or guidelines, which should – from a perspective of societal morality and in the interest of the public – be respected when making decisions in water law and governance.

  7. Public values: a conceptualframework (IV) – Water-specific public values Virtuesof water: ‘water is inherently public, andgovernments have a continuingobligationtoensureitseffective management foroverall societal well-being, includingbothenvironmentalprotectionandessentialhumanconsumptiveneeds.’ (Thomson)

  8. Conclusions • Converging public values at different levels of water law. • The rules of conduct are nevertheless somewhat diverging. All in all: No ‘real’ substantive fragmentation – even though strong institutional fragmentation.

More Related