A water property right inventory of 60 countries

Open Access
Authors
Publication date 07-2021
Journal Review of European, Comparative & International Environmental Law
Volume | Issue number 30 | 2
Pages (from-to) 263-274
Number of pages 12
Organisations
  • Faculty of Social and Behavioural Sciences (FMG) - Amsterdam Institute for Social Science Research (AISSR)
Abstract
Through history, property rights in water have been treated differently worldwide. Given the current global trend promoting water allocation through permits, and the lack of comparative literature on how property rights are changing in the global South, this article asks: How have property rights in water evolved including through granting water use permits in Anglophone and Francophone Africa and Asia? We analyse 220 policies and laws of 60 Anglophone/Francophone African and Asian countries. We conclude that (i) these States have put water in the public domain; (ii) this implies expropriating existing customary, private and riparian water rights, and States are struggling to do this democratically; (iii) having taken ‘control’ over water, these States then use, among others, permits to allocate water and (iv) the rules of permit allocation may undermine States’ ability to reallocate water if the need arises.
Document type Article
Note In special issue: The Amazon Rainforest
Language English
Related publication The tension between state ownership and private quasi-property rights in water
Published at https://doi.org/10.1111/reel.12397
Downloads
reel.12397 (Final published version)
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