A robust regulatory framework for the corporate governance of water users' organizations is a fundamental ingredient of irrigation management transfer policies. The present publication offers a comparative analysis of the contemporary legislation of a wide variety of countries, providing the needed regulatory framework for water users' organizations to function and grow.
This paper seeks to answer a number of basic questions. First of all just what are land tenure rights and water rights? Second, how do the respective regimes compare? Third what linkages, if any, are there between land tenure rights and water rights and, if there are none, does this matter, either in general or as regards specific aspects of the interface? A key objective of the paper is to examine which aspects of the rights interface merit further research. In comparing the two regimes a final subsidiary objective of this paper is to try and identify which areas, if any, in one sector can shed light on areas for future research in the other.
As the pressure on finite resources of freshwater resources increases, government-administered legislation is taking a more dominant role in water resources management and protection. This manual is intended to bridge the gap between the policy and principles of the resultant primary legislation and implementation through secondary legislation. It covers a variety of legislative approaches cvoering all aspects of water resource management from water rights & permits, pollution prevention & control; conservation; flood control; irrigation; drainage and charging. It is an update of of the earlier FAO Legislative Study No. 52 (1994). Like its predecessor, it provides conceptual material for use in the preparation of national regulations for the management, development, use and protection of freshwater resources.
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.