Water legislation in the Mediterranean countries

Cahiers Options Méditerranéennes; n. 1(1) 1993

pages 242-255

Article available on lin e / Article dispon ible en lign e à l’adresse :

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--- To cite th is article / Pou r citer cet article

--- Moigne G. le Water legislation in th e Mediterran ean cou n tries. Etat de l'agriculture en Méditerranée : Ressources en eau : développement et gestion dans les pays méditerranéens . Bari : CIHEAM, 1993.

p. 242-255 (Cahiers Options Méditerranéennes; n. 1(1))

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G. LE (*)

TO Since all

of the

must not be limited of we also need to know the

of is

and institutional an to it in to

in contexts.

as to suggest legal and

w i l l

require is

a vital need is

available.

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USA

15.1

two main consequences:

-

-

and quality, which can be

of

to be dealt within a

own identity, communities

of be no

a genuinely

of the constitution. The quantity and quality long been and will continue to be, in all communities, a

all

is not an end in itself: it

of it

is by, of

to be effective. The policies To

if

.

of use of

on .

of wells,

...);

'

...);

of its with the

takes into

with

As fat be laid on

I

with the.legislation in a

15.3

in

with a specialized knowledge in of specialists in

of a

of not only but

kind of

Although management cannot be the of only

of flexibility on one hand and be flexible enough to adapt to

the study of the in

it of

use in

in established customs and uses

of in

As

aspects of human activity connected with of the

final

in mind: in

the is

of in

A. Legal Svstems.

to be

law and its and civil law.

A . l The in is the Chinese.

in _-

law has been

it of

in the

that placed on equity. Flexibility is at the of Chinese in a

close the the

all

in with all aspects

of

it

find, as of all

to justice would of conciliation

the family, village guild level had failed. to act in such

a way as to so be left open the

by

an in

yobably in

of

Talmud, a and the

which includes a the development of the

Torah, ^,

is harim)

to an of a

so of Talmud,

~

~ in

~

l

i , is one of the legal

in to be a

public good and cannot be to an

it; a well does

it prioriíy

use.

a

of has an

'

harim

of

-

dominate by the fact that in As it,

case in

in Code (Ottoman Civil Code) is the basic of law in

a non-saleable, publicly-owned commodity applies to in wells dug by

As in in aim at

institutionalizing the concept of community of

of but also of many with

Water Nationalization Act

of of

by wells ghanats of

of used

is of

of the public domain in

is is

attention is of

a of the notion of is well developed; a

of of

live as one land. is the abode of is in

of so no

of of man and mankind, not of

is in

has dominated most of

law is also that it is of

15.7

of

ofthe by as a commodity

a distinction is usually made between in the same way as

of

to in was

of the of states

of

many disputes in in

bodies in it in of

by use,

these limitations do of

on

his A

but in doing so his

The basic law of 1898 on

to the population of a of 1889,

of if

408). by

it. in

is in

all of by

abandoned.

new

in

Two main legislative methods exist in this

One method, which has been followed by with legislation, has consisted in

examples. These

in of a

by the

l

~

8 . . of by its

~ of

~ into

l ,

The of

by in the

community as in by it in

tendencies of law.

of This

of is

15.9

with has by

is now

is being given to the adoption of the

non-domestic is subject to the of the

in Spain

in

been found, its use but

is not yet a management has

is

of ^{. .}

in

of is a

study. shows the will

a

in the field of

fundamental in

to To

of use, is of

beneficial use and in in

is delicate. This of

speculation as to what is a an 'optimum' use but it

conflicting claims on the

' As we in

in Libya and until 1922 in Somalia,

a , in a new Civil Code.

in

of the of

new

(except also

of

in in

and to the laws enacted by of

committees set up

in of this

no of

15.11

Still in

-

do

.

-

of

-

on the use of end of the it codified

all in

of as

in some

of

use of the Common Law of

which is still today.

The accession of these States to independence, technological ,development and

demand to the codification of

legislation. A . in in 1968.

of in

of

constitutes an essential component of the National Wealth and to vest the of its the benefit of the whole

community. Such a tendency is on of

be substitued

that tendencies in legislation aim at

institutionalizing, in one of

concept, in of of conduct.

Like in a

15.13