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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

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

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  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.

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