Water law in Scotland: the water services environment (Scotland) Act 2003 and the European convention on human rights

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Abstract

This article focuses on the interaction between the current law relative to water exploitation and the projected post-WEWS Act regime. In particular, it examines the question as to whether the imposition and operation of the licensing system will raise any human rights concerns, primarily under Article 1 of the First Protocol, and also Article 8 of the European Convention on Human Rights (ECHR). Clearly the present extent of private property rights in Scotland's waters is a crucial issue.
Original languageEnglish
Pages (from-to)60-101
Number of pages41
JournalEdinburgh Law Review
Volume10
Issue number1
Publication statusPublished - Jan 2006

Keywords

  • water law
  • Scotland
  • human rights
  • european convention
  • water services
  • envrionment

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