Custom as Natural: Land, Water and Law in Colonial Madras

2017 ◽  
Vol 34 (1) ◽  
pp. 29-47 ◽  
Author(s):  
Aditya Ramesh
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Privy Council ◽  
Colonial India ◽  
Centralize Control ◽  
Natural Land ◽  
The Government ◽  
New Perspective ◽  
Definition Of ◽  
Land Water

In 1865, the Madras government enacted a legislation, the Irrigation Cess Act, designed to allow it to extract revenue from water as separate as that from land. However, as emphasized by many commentators, this pithy legislation was far from comprehensive in its definition of government powers over water. Faced with resolute opposition from zamindars to any further legislation that would centralize control over water resources as well as powers to levy fees over water use to the government, the Madras state was forced to confront zamindars in court over the interpretation of the Irrigation Cess Act. In 1917, the Privy Council, the highest court in the land, delivered a landmark judgement in resolution of a dispute between the Madras government and the Urlam zamindari. The Urlam case, this article argues, lends a new perspective to historiography on custom and the environment in colonial India. The Privy Council judgement rendered custom a physical, historically reified, and ‘natural’ quality, simultaneously within and outside the encounter between labour and nature.

Nigeria's Legal Instruments for Land and Water Use

2015 ◽  
pp. 354-373 ◽  
Author(s):  
David O. Omole ◽  
Julius M. Ndambuki
Keyword(s):  
Land Use ◽  
Water Resources ◽  
Water Use ◽  
Current System ◽  
Current Situation ◽  
Decision Makers ◽  
Main Thrust ◽  
The Government ◽  
Private Investors ◽  
Governing Institutions

This chapter critically assesses the administration of land and water resources in Nigeria. Reasons why the Land Use Act has not met its objectives are discussed. It also assesses reasons why, despite abundant water resources, numerous laws, and multiple governing institutions, Nigeria is still struggling to meet the national demand for water supply. The chapter concludes by suggesting specific amendments to the administration of both land and water resources. The main thrust of the suggested amendments is to address the current situation where government arrogates absolute authority on all land and water resources to itself. It is suggested that the government should consider adopting a multi-lateral relationship where government, private investors, traditional landowners, and prospective land buyers are co-decision makers in charting the future for the administration of land and water resources. This is aimed at eliminating associated problems such as delays, tenure insecurity, and proliferation of peri-urbanization in the current system.

An Agent Based Hydro Informatics Approach for the Engagement of Farmers in Irrigation Water Management in Saudi Arabia

2016 ◽  
pp. 404-423
Author(s):  
Tagelsir Mohamed Gasmelseid
Keyword(s):  
Water Management ◽  
Water Resources ◽  
Water Use ◽  
Irrigation Water ◽  
Software Agents ◽  
Management Approach ◽  
Irrigation Systems ◽  
Cropping Patterns ◽  
Agent Based ◽  
The Government

The use of software agent systems and technologies to simulate water resources management scenarios and improve the engagement of stakeholders in policy making is gaining paramount importance. Such importance originates from two main concerns or change agents. Firstly, the context of water management is becoming highly complicated due to the intensity of connections with other systems, the diversity of stakeholders and the multiplicity (and sometime conflicting) objectives of decision partners. Moreover, the domain used for capitalizing on water management issues is becoming planetary (as it is the case of shared basins) rather than being local (watershed, watercourse, scheme, etc.). As a result, the concern is not limited to the optimization of the utility matrix of stakeholders but additional attention is required to incorporate many emerging issues such as the maintenance of financial sustainability, functional mainstreaming and improving engagement to promote reconciliation and change of water use behaviors. Secondly, the recent technological developments have improved the processing capacity of hardware, software functionalities and the accessibility of telecommunication platforms. Such developments have been reflected in the improvement of the capacities of decision makers to address complex problem domains. Software agents' technologies possess the qualities that make them useful for the provision of decision support in water management domains. As it is the case of irrigated agriculture, software agents' technology can be used for the design of farm surface irrigation systems, the improvement of irrigation systems management and the enhancement of the involvement of farmers in the processes of integrated water management. This paper is concerned with the use of agent based systems to facilitate the engagement of farmers in Al Ahsaa area in the management of water resources. The government of the Kingdom is adopting a demand management approach for the management of irrigation water by discouraging the cultivation of water-consuming crops such as wheat and dates. Improving the ability of farmers to analyze alternative cropping patterns significantly affects their water use behavior.

Nigeria's Legal Instruments for Land and Water Use

2017 ◽  
pp. 634-653
Author(s):  
David O. Omole ◽  
Julius M. Ndambuki
Keyword(s):  
Land Use ◽  
Water Resources ◽  
Water Use ◽  
Current System ◽  
Current Situation ◽  
Decision Makers ◽  
Main Thrust ◽  
The Government ◽  
Private Investors ◽  
Governing Institutions

This chapter critically assesses the administration of land and water resources in Nigeria. Reasons why the Land Use Act has not met its objectives are discussed. It also assesses reasons why, despite abundant water resources, numerous laws, and multiple governing institutions, Nigeria is still struggling to meet the national demand for water supply. The chapter concludes by suggesting specific amendments to the administration of both land and water resources. The main thrust of the suggested amendments is to address the current situation where government arrogates absolute authority on all land and water resources to itself. It is suggested that the government should consider adopting a multi-lateral relationship where government, private investors, traditional landowners, and prospective land buyers are co-decision makers in charting the future for the administration of land and water resources. This is aimed at eliminating associated problems such as delays, tenure insecurity, and proliferation of peri-urbanization in the current system.

scholarly journals POLITIK HUKUM SUMBER DAYA AIR DI ERA GLOBALISASI

2017 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Agus Surachman
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Large Scale ◽  
The United States ◽  
Donald Trump ◽  
The People ◽  
Living Things ◽  
The World ◽  
Natural Land ◽  
Land Water

Great mercy and infinite value has been given by God for the creatures on earth, one of which is water, water is basic need for humans because water is the source of life for all living things. Water should be used excessively let alone become a commodity economics without limits, because the water supply is limited, but people often use them without limit, greed and lust enrich themselves lead to exploration of a large scale that makes the damage and loss of balance of natural resources. Globalization has swept across the world, insulation-partition the country into a vague, with free trade seemed about the welfare of the world, though many will doubt it. Britain exit (Brexit) case and the election of Donald Trump as the new President of the United States is reason to question the success of globalization. For that legal arrangements of water resources or the so called “constitution of water resources“, that the law governing resources must not conflict with article 33 paragraph 3 of  the 1945 constitution, said, “the resources of the earth’s natural land, water and natural resources contained therein controlled by the state for the welfare of the people“. Means that water should not be controlled by private for trade to seek maximize profit.

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

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