Indigenous water rights in law and regulation : lessons from comparative experience / Elizabeth Jane Macpherson.

Cambridge : Cambridge University Press, 2019.

1st edition

89455

Water rights.

Water use -- Law and legislation.

Indigenous peoples -- Legal status, laws, etc.

Water-supply -- Management.

1. Introduction

Part I. Conceptualising Indigenous water rights

2. Justifying indigenous water rights: jurisdiction and distribution

3. Regulating indigenous water rights: nature, human and markets

Part II. Comparative country studies

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

Part III. Lessons learnt

8. Indigenous water rights in comparative law: jurisdiction and distribution

9. Conclusion.

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. Provides in-depth and current comparative analysis on the question of why and how states provide for indigenous water rights around the world. Includes detailed country studies of indigenous water rights in their historical, political and social context in Australia, New Zealand, Chile and Colombia. Includes analysis of Chilean and Colombian law and policy in context, translating and interpreting key cases, legislation and commentary previously inaccessible to an English-speaking audience. - Publisher's website.

Includes bibliographical references and index.

9781108473064

xi, 291 p. ; 24 cm