Indigenous Water Rights in Law and Regulation (Cambridge Studies in Law and Society) - Softcover

Macpherson, Elizabeth Jane

Softcover

ISBN 10: 1108460933 ISBN 13: 9781108460934

Publisher: Cambridge University Press, 2021

Synopsis

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.

About this title

About the Author

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.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2021
• Language: English
• ISBN 10: 1108460933
• ISBN 13: 9781108460934
• Binding: Paperback
• Number of pages: 312