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

Clark, B. (2006) Water law in Scotland: the water services environment (Scotland) Act 2003 and the European convention on human rights. Edinburgh Law Review, 10 (1). pp. 60-101. ISSN 1364-9809

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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.