Water use reform law in Scotland: a critical analysis

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

Examines the current position of property rights in respect of running water on or below land in Scotland, highlighting the impact of the new licensing regime under the Water Environment and Water Services (Scotland) Act 2003. Sets out the scope of the proposed licensing regime. Questions whether the introduction of the scheme will raise any human rights concerns relating to private property rights, primarily under the European Convention on Human Rights 1950 Protocol Art.1 and Art.8. Focuses on property rights under the Convention, revocation of licences and positive obligations of public authorities.
Original languageEnglish
Pages (from-to)375-406
Number of pages31
JournalJournal of Environmental Law
Volume18
Issue number3
DOIs
Publication statusPublished - Jul 2006

Fingerprint

law reform
critical analysis
right of ownership
water use
property rights
human rights
water
regime
ECHR
private property
public authorities
license
obligation
act
licencing
convention

Keywords

  • property rights
  • water services
  • licensing
  • human rights
  • environment

Cite this

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abstract = "Examines the current position of property rights in respect of running water on or below land in Scotland, highlighting the impact of the new licensing regime under the Water Environment and Water Services (Scotland) Act 2003. Sets out the scope of the proposed licensing regime. Questions whether the introduction of the scheme will raise any human rights concerns relating to private property rights, primarily under the European Convention on Human Rights 1950 Protocol Art.1 and Art.8. Focuses on property rights under the Convention, revocation of licences and positive obligations of public authorities.",
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Water use reform law in Scotland: a critical analysis. / Clark, B.

In: Journal of Environmental Law, Vol. 18, No. 3, 07.2006, p. 375-406.

Research output: Contribution to journalArticle

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