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Drainage, legislation, and statebuilding

New Ebook Community lately posted an interview with Eric Ash about his new ebook, The Draining of the Fens: Projectors, In style Politics, and State Constructing in Early Trendy England (JHU Press, 2016). NBN writes: At this time “The Fens” is basically a misnomer, as the world of japanese England is now largely flat, dry farmland. Till the early fashionable period, nonetheless, it was a area of wetland marshes. Eric Ash‘s ebook… describes how The Fens was…

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Water rights I – Introduction

Earlier this 12 months I printed a brief chapter on water rights within the assortment Comparative Property Legislation: World Views, edited by Michele Graziadei and Lionel Smith (additionally on SSRN and Academia). The chapter has a robust historic element, so I will weblog it right here (in bite-size items). The total sequence is right here. Here is the introduction: In a world during which ever-growing demand for water meets an primarily finite provide, it’s unsurprising that rights in…

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Water rights VI: A human proper to water

(The ultimate installment in the sequence on water rights🙂 Alongside curiosity in public rights that trump the common water rights of property regulation, there may be a lot curiosity in personal, human rights that accomplish that. Many techniques of water regulation have lengthy acknowledged some proper to primary water makes use of superior to different water rights. Islamic regulation's "proper of thirst", the correct to take water to quench one's thirst or to water one's…

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Classes from tobacco for the way forward for local weather change legal responsibility

The regulation surrounding the well being results of tobacco are an necessary precedent for a lot of environmental regulation points (see right here and right here). Now Martin Olszynski, Sharon Mascher, and Meinhard Doelle just lately posted “From Smokes to Smokestacks: Classes from Tobacco for the Way forward for Local weather Change Legal responsibility”. The summary: On this article, we think about a future Canada (circa 2030) whereby the world has managed to keep away…

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Inter-imperial riparian legislation II: The Regulation in Miner v. Gilmour

Persevering with the place yesterday's publish left off: Because the judges of the Privy Council acknowledged, the legislation governing the battle between Miner and Gilmour over the waters of the Yamaska was not English legislation. Quebec, earlier than being conquered by the British in 1760, had been a part of the French Empire. A royal edict of 1663 had declared the legislation of New France to be the legislation as utilized within the Parlement of…

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Water administration and American liberalism

Water Options just lately revealed a overview by Joe Williams of JJ Schmidt, Water: Abundance, Shortage, and Safety within the Age of Humanity (NYU Press, 2017). From the overview: The central argument – which could rankle had been it not so meticulously made – is that as crucial hydro-social scientists we’ve got been getting issues improper for years. Schmidt contends that the outdated story concerning the separation of society and nature underneath modernity and the entrenchment of…

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Inter-imperial riparian regulation III: American sources of French-Canadian water regulation

Persevering with the place yesterday's publish left off: Canada’s broad St. Lawrence River and its tributaries have been the websites of intensive water use within the mid-nineteenth century. They served as fishing grounds, highways for water craft, conduits for floating logs and sources of energy for each conventional grist mills and new industrial services. Makes use of and customers usually got here into battle, and these conflicts usually landed up in courtroom. Jonathan Sewell(Appleton's Cyclopaedia…

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Digital library I: A New Treatise on the Legal guidelines for Preservation of the Sport (1766)

So (as Ann Wilson sang), the primary put up in the digital library of historic environmental regulation collection is on A New Treatise on the Legal guidelines for Preservation of the Sport, first revealed in 1764; the second version, accessible on-line, was printed in London in 1766 by His Majesty's Regulation Printers. The title web page provides the writer as "a Gentleman of the Center-Temple"; stated gentleman was apparently one Timothy Cunningham, a prolific writer of regulation…

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