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

Description

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. Cover Half-title page Series page Title page Copyright page Dedication Contents Acknowledgements 1 Introduction 1.1 The Comparative Study 1.2 Overview of the Book Part I Conceptualising Indigenous Water Rights 2 Justifying Indigenous Water Rights: Jurisdiction and Distribution 2.1 Introduction 2.2 Cultural Relationships with Water and Indigenous Water ‘Jurisdiction’ 2.3 Substantive Indigenous Water Rights and the Imperative of ‘Distribution’ 2.4 Conclusion 3 Regulating Indigenous Water Rights: Nature, Humans and Markets 3.1 Introduction 3.2 Human Rights and Nature’s Rights 3.3 River Rights and Indigenous Rights 3.4 Private Rights and the Public Interest 3.5 Conclusion Part II Comparative Country Studies 4 The Limited Recognition of Indigenous Water Rights in Australia 4.1 Introduction 4.2 Indigenous Exclusion from Water Law Frameworks in Australia 4.3 Recognising Indigenous Water Rights under Native Title 4.4 Allocating Indigenous Water Rights in Australia 4.5 The Future of Indigenous Water Rights in Australia 4.6 Conclusion 5 Water Rights for Māori in Aotearoa New Zealand 5.1 Introduction 5.2 Indigenous Exclusion from Water Law Frameworks in Aotearoa New Zealand 5.3 Legal Rights for Rivers and Māori Water Rights 5.4 Māori Claims to Water ‘Ownership’ 5.5 The Future of Māori Water Rights in Aotearoa New Zealand 5.6 Conclusion 6 Rivers as Subjects and Indigenous Water Rights in Colombia 6.1 Introduction 6.2 Indigenous Exclusion from Water Law Frameworks in Colombia 6.3 Legal Rights for Rivers and Indigenous Water Rights 6.4 The Present and Future of Indigenous Water Rights in Colombia 6.5 Conclusion 7 Recognising and Allocating Indigenous Water Rights in Chile 7.1 Introduction 7.2 Indigenous Exclusion from Water Law Frameworks in Chile 7.3 Recognising Indigenous Water Rights in Chile 7.4 Allocating Indigenous Water Rights in Chile 7.5 The Future of Indigenous Water Rights in Chile 7.6 Conclusion Part III Lessons Learnt 8 Indigenous Water Rights in Comparative Law: Jurisdiction and Distribution 8.1 Introduction 8.2 Indigenous Water Injustice 8.3 A More Complete Response 9 Conclusion Glossary A Māori Terms B Colombian Spanish Terms C Chilean Spanish Terms Bibliography A Articles/Books/Reports B Cases C Legislation D International Treaties and Documents E Interviews F Other Index