The paper debates the problems related to the legal qualification of water as a good that has always been disputed between two approaches: one that favours the collective and solidarity-based dimension, and the other directed to value the market logic dominated also by competitiveness and profits. In particular, the work analyses how and how much the supervening awareness of the scarcity and exhaustion of freshwater and drinking water reserves has affected the current debate. Moreover, it deals with the theme of the water attribution not only in the more traditional category of state owned good (so called “demanio” in Italian law) but also in the new dogmatic category of “commons”.
Micciche', C., L’acqua e il problema della sua (ri)qualificazione giuridica nel tempo dei beni comuni, in Enzo Balbon, E. B., Stefano Vaccar, S. V. (ed.), Acqua: bene e servizio pubblico, Jovene Editore, Napoli 2019: 119- 140 [http://hdl.handle.net/10807/155258]
L’acqua e il problema della sua (ri)qualificazione giuridica nel tempo dei beni comuni
Micciche', Calogero
2019
Abstract
The paper debates the problems related to the legal qualification of water as a good that has always been disputed between two approaches: one that favours the collective and solidarity-based dimension, and the other directed to value the market logic dominated also by competitiveness and profits. In particular, the work analyses how and how much the supervening awareness of the scarcity and exhaustion of freshwater and drinking water reserves has affected the current debate. Moreover, it deals with the theme of the water attribution not only in the more traditional category of state owned good (so called “demanio” in Italian law) but also in the new dogmatic category of “commons”.
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