Myth, paradox and reality as to the legal classifying of continental waters
Abstract
The paper sets out to make patent some of the more outstanding elements in the legal corpus touching upon water rights and in so doing indicate those paradoxes arising from such doctrine and what is commonly supposed to be the law as to this matter. The initial exposition over, a legal answer to this quandary is attempted and one which would reconcile both viewpoints which in fact are only in appearance at loggerheads. The author then considers that where this does not prove feasible, there is to be found a paradox arising out of the myth that working any waters presupposes that doing so entails an immemorial right to continue to do so.
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Copyright (c) 1995 Antonio Embid Irujo
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