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By Carl J. Bauer

In 1981 Chile's army govt dictated a brand new Water Code that notably replaced the country's prior water rights method by means of strengthening deepest estate rights, favoring marketplace incentives, and decreasing nation law. Against the present: Privatization, WaterMarkets, and the country in Chile is the 1st empirical and interdisciplinary learn of water markets in Chile, that is the best overseas instance of loose industry water regulations.
Against the present: Privatization, Water Markets, and the kingdom inChile demanding situations the sparkling studies given through neoliberals in Chile and the area financial institution, exhibiting that the result of this monetary scan have really been relatively combined. in the agricultural region the Water Code has labored relatively good, even supposing the marketplace incentives to preserve water were useless and water rights buying and selling has been much less energetic than anticipated. The Code's impression has been extra destructive on the point of river basins, the place the institutional framework has printed severe flaws in coordinating a number of water clients and resolving conflicts.
Against the present: Privatization, Water Markets, and the kingdom inChile combines legislations, political economic system, and geography to research the risks, difficulties, and wider contexts of water markets. This e-book will entice all people attracted to estate rights, market-friendly environmental regulations, the political economic system of sustainable improvement, and the intersection of economics with legislations and institutions.

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Extra info for Against the Current: Privatization, Water Markets, and the State in Chile

Example text

27 In addition, the DGA was given adjudicative power over water use conflicts. The role of the judiciary was greatly reduced, as it was in matters of land expropriation (for which the Agrarian Reform established special courts, as noted in Chapter Two). 40 Against the Current The 1967 Water Code under the Military Government Such a technocratic system would have been hard to implement under the best of circumstances. During the years from 1967 to 1973, however, the growing radicalization of the Agrarian Reform process, and polarization of Chilean society and politics in general, made land tenure too unstable to rationalize water use.

With its 1981 Water Code, Chile's military government swung the pendulum away from the "statist" policies of the preceding decades, which had culminated in the 1967 Agrarian Reform Law that greatly expanded state authority over water use. 1 The 1981 Code aimed to reverse that trend by strengthening private property, increasing private autonomy in water use, and favoring free markets in water rights to an unprecedented degree. It created several market mechanisms, based on separating water rights from land ownership, and attempted to foster a market mentality among water users.

The DGA was finally established in 1969 after having been authorized in the 1951 Code. To increase state authority the reformers also amended the 1925 Constitution's provisions on property rights. The 1967 Amendment declared all waters to be "national property for public use," even those which had been considered private since the Civil Code. This allowed the public expropriation-without compensationof all existing private water rights. As the first mention of water rights in a Chilean Constitution, the use of the term "expropriation" implicitly recognized that existing water rights were indeed considered private property, even if no compensation was offered.

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