Picture of two heads

Open Access research that challenges the mind...

The Strathprints institutional repository is a digital archive of University of Strathclyde research outputs. Strathprints provides access to thousands of Open Access research papers by University of Strathclyde researchers, including those from the School of Psychological Sciences & Health - but also papers by researchers based within the Faculties of Science, Engineering, Humanities & Social Sciences, and from the Strathclyde Business School.

Discover more...

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

Full text not available in this repository. (Request a copy from the Strathclyde author)

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.