My Account
Log in Registration
All
Cart
Highlights
Fiction Books
Non-Fiction Books
Children's Books
Rare Books
Music
DVD & Blu-Ray
Video Games
Category
Wishlists
Cart
All
Free Shipping in Australia
Trustpilot
Proud to be B-Corp

Indigenous Water Rights in Law and Regulation Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)

Indigenous Water Rights in Law and Regulation By Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)

Indigenous Water Rights in Law and Regulation by Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)

Reviews:
$67.69
Condition - New
Only 2 left
New

Summary

The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water.

Indigenous Water Rights in Law and Regulation Summary

Indigenous Water Rights in Law and Regulation: Lessons from Comparative Experience by Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)

Indigenous Water Rights in Law and Regulation responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples' rights included in contemporary regulatory regimes for water. This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to 'commoditise' the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular 'legal person' models. This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples' rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvement with, water in comparative law.

Indigenous Water Rights in Law and Regulation Reviews

'Macpherson's book is a work of outstanding scholarship, drawing on a deep understanding of water law and indigenous rights in Chile, Colombia, Australia, and Aotearoa New Zealand to develop a new model for understanding and articulating indigenous water rights in the context of indigenous peoples' enduring culture, law, and relationship to Country. Her book provides a much-needed reminder that water management in post-colonial societies exists within a history of indigenous dispossession, as well as an all-too-frequently continued exclusion from water allocation frameworks. ... This book is a must-read for all scholars and practitioners of water law and water resource management - it challenges us to acknowledge the inequity and unsustainability of existing water law frameworks, and presents new and powerful lessons on how to deliver water justice for indigenous peoples, and the environment which sustains all of us.' Erin O'Donnell, University of Melbourne
'This is a completely compelling comparative study that confidently addresses the ongoing injustice in the distribution of water use rights. As countries around the world embark on reconciliation aspirations, this book is a must-read for us all in considering how to recognise indigenous peoples' rights to be included in contemporary regulatory regimes for water. This book is a sophisticated offering to a complex issue that deserves the highest and widest regard.' Jacinta Ruru, University of Otago, and Co-Director, Nga Pae o te Maramatanga, New Zealand's Maori Centre of Research Excellence
'[...] 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

About Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)

Elizabeth Jane Macpherson is a Senior Lecturer at the University of Canterbury, Christchurch, New Zealand. She researches comparative Australasian and Latin American natural resources law and indigenous rights. Her legal practice experience includes representing claimants before New Zealand's Waitangi Tribunal and the Victorian State Government on Aboriginal Affairs.

Table of Contents

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 Maori 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.

Additional information

NLS9781108460934
9781108460934
1108460933
Indigenous Water Rights in Law and Regulation: Lessons from Comparative Experience by Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)
Elizabeth Jane Macpherson (University of Canterbury, Christchurch, New Zealand)
Cambridge Studies in Law and Society
New
Paperback
Cambridge University Press
2021-07-01
311
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Indigenous Water Rights in Law and Regulation