Joseph W. Dellapenna & Gupta Joyeeta 
The Evolution of the Law and Politics of Water 

According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3, 000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.

Table of Content

The Evolution of Global Water Law.- Mesopotamia: A History of Water and Law.- Islamic Law and the Politics of Water.- Water in the Jewish Legal Tradition.- Evolving National Law and Politics.- Brazil: The Evolution of the Law and Politics of Water.- South Africa: The Development of Water Law.- East African Water Regimes: The Case of Kenya.- Israel: The Evolution of Water Law and Policy.- Russia: Historical Dimensions of Water Management.- India: Evolution of Water Law and Policy.- Australia: The Problem of Sustainability in Water.- United States: The Allocation of Surface Waters.- United States: The Emergence of Environmental Considerations.- Evolving Supranational and Regional Water Law and Politics.- European Community Water Policy.- Southern Africa: Evolving Regional Water Law and Politics.- The Jordan Basin: Evolution of the Rules.- The North American Great Lakes.- The Río de la Plata Basin.- Current Trends in International Water Law.- Case Law on International Watercourses.- International Cooperation on Water Resources.- Public Participation in Water Governance.- The Market Alternative.- Conclusions.- The Challenges for the Twenty-First Century: A Critical Approach.