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This thesis examines the rights of landowners in Scotland in relation to water flowing through their land. In the first part of the thesis, it is argued that water is a communal thing which is incapable of ownership (or other real rights) in its natural state. Instead, the only right which anyone can have, and which everyone indeed does have, to water in its natural state is the right to obtain ownership through appropriation. In practice, however, those who own the beds of bodies of water such as rivers and lochs have the best opportunity to use water and exercise the right of appropriation due to their ability to access water freely. The second part of the thesis then examines who owns the land beneath water including the sea-bed, foreshore and alveus of rivers and lochs. The law regarding changes to boundaries between dry land and land covered by water is also investigated. The third and most substantial part of the thesis analyses the restrictions to which owners of the banks and beds of rivers and lochs are subject through common interest. This doctrine comprises a set of (generally) reciprocal rights and obligations which regulates the use of water by landowners. Common interest evolved as a result of the burgeoning use of water power between 1730 and 1830. Due to the limited material available from Roman law and the institutional writers, the courts had to experiment with various theories to resolve the disputes with which they were confronted. Following the establishment of the doctrinal foundation of common interest – in which Lord Kames had a pivotal role – there was rapid development of the content of the rights and obligations of landowners with respect to water over the 18th and 19th centuries. In light of the preceding explanation of the historical background, the final chapter of the thesis provides a restatement of the modern law of common interest. This thesis has adopted a historical and, to a lesser extent, comparative approach with the aim of providing a comprehensive study of a distinct area of water law and water rights in Scotland.

The Assynt District on the North West Highlands of Scotland is composed of a thrusted sequence of Cambrian limestones and quartzites, originally unconformably laid down on Archaean Lewisian gneisses and Pre-Cambrian Torridonian arkoses. Igneous activity associated with the development of the Caldedonian orogeny occurs as a series of genetically related hornblende ± pyroxene lamprophyre sills. High level fractionation of the lamprophyric magmas has resulted in the development of a suite of tinguaitic, peralkaline, oversaturated, aegirine felsites which cut the earlier lamprophyric intrusions. Plutonic activity occurs in the Assynt District, as an early syenitic intrusion at Loch Ailsh dated at 439 ± 24 my and a late, in part ultrapotassic, carbonatite bearing, undersaturated intrusion at Loch Borralan, intruded after thrusting activity had ceased at 430 ± 4 my. The lamprophyric intrusions are relatively primitive magmas having high MgO and Ni, Cr abundances, they are enriched in light rare earths. Their trace element chemistry shows that they are derived from a lithospheric mantle, metasomatically enriched with incompatible elements and volatiles from subducted crust. Textural study shows that the primitive magmas were probably intruded as a volatile rich suspension of mafic phenocrysts. Subsequent evolution initially by the fractionation of amphibole pyroxene and plagioclase has resulted in the formation of a suite of increasingly silicic andesitic to rhyolitic sills. The later stages of evolution were due to the metasomatic effects of a volatile phase. The simultaneous removal of hornblende and plagioclase has resulted in the formation of oversaturated peralkaline felsites without the REE patterns normally associated with evolved felsitic rocks. Thrusting activity has resulted in the apparent close association between the lamprophyric/felsitic sill swarm and the loch Borralan intrusion. Pre thrusting reconstruction of the Assynt district show that the sills were intruded at least 30km to the south west and are not genetically related to the Loch Borralan intrusion.

Asthma is the commonest chronic disorder of childhood. Although the subject of study for over 4,000 years, the aetiology remains elusive and understanding of the subject is beset with problems of definition and methodology. The prevalence throughout the world varies considerably but is generally higher in countries with a western lifestyle, and appears to be increasing. Of many factors postulated to explain this increase, atmospheric pollution has been one of the most widely cited. The aim of the research presented in this thesis was to describe the epidemiology of asthma in the adolescent population in the Highlands of Scotland, a remote, culturally distinct, mainly rural area that covers one third of Scotland. A cross sectional study was undertaken using a questionnaire, supported by objective data from baseline pulmonary function and exercise testing. The prevalence of parent reported asthma in 12 year old children in 1992 (n=1825) was 14%, current wheeze 19%, eczema 14%, and hay fever 19%. Exercise induced bronchospasm was evident in 9%. The highest prevalence of asthma (17%) and exercise induced bronchoconstriction (30%) was reported on the island of Skye. Having found the prevalence to be as high in the relatively unpolluted Highlands as in urban areas of the UK, possible explanations were sought. Studies were undertaken to explore risk factors including family history, associated atopy, place of birth, indoor environment including maternal smoking, diet (with emphasis on antioxidant and fish intake), and immunisation history (including tuberculin status). Although there were some interesting findings, no specific single environmental component was identified as a major factor in the aetiology of asthma. I hope this thesis will provide a baseline of information, which may be of value to others in the future for as Churchill stated "the longer you can look back, the further you can look forward".

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