Indigenous Water Rights in Law and Regulation: Lessons from Comparative Experience

ISBN-13: 9781108473064 / Angielski / Twarda / 2019 / 310 str.

Elizabeth Jane MacPherson

Opis

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Recenzje

'[…] a highly relevant book, contributing to the debates about rights of nature in general, and legal personhood for rivers more specifically. The case studies […] are well chosen. Macpherson's use and comparison of case studies of countries where water rights have been historically denied to indigenous groups show the need for approaches that move beyond repairing historical injustices by narrowly defined 'traditional' water uses in a generally constraining context. Ongoing injustices can only be effectively tackled by creating indigenous jurisdictions for water governance and effecting a substantive (re-)distribution of water for multiple purposes, including socio-economic development.' Dik Roth, The Journal of Legal Pluralism and Unofficial Law

Spis treści

1. Introduction; 2. Justifying indigenous water rights; 3. Regulating indigenous water rights; 4. The limited recognition of indigenous water rights in Australia; 5. Water rights for Māori in Aotearoa New Zealand; 6. Rivers as subjects and indigenous water rights in Colombia; 7. Recognising and allocating indigenous water rights in Chile; 8. Indigenous water rights in comparative law: jurisdiction and distribution; 9. Conclusion.