Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation PDF Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313

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

Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation PDF Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313

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

Indigenous Rights and Water Resource Management

Indigenous Rights and Water Resource Management PDF Author: Katie O'Bryan
Publisher: Routledge
ISBN: 1351239813
Category : Law
Languages : en
Pages : 283

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Book Description
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

Water Governance: Retheorizing Politics

Water Governance: Retheorizing Politics PDF Author: Nicole J. Wilson
Publisher: MDPI
ISBN: 3039215604
Category : Social Science
Languages : en
Pages : 334

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Book Description
This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.

The Search for Environmental Justice

The Search for Environmental Justice PDF Author: Paul Martin
Publisher: Edward Elgar Publishing
ISBN: 1784719420
Category : Law
Languages : en
Pages : 383

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Book Description
This thoughtful book provides an overview of the major developments in the theory and practice of Ôenvironmental justiceÕ. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the conc

Legal Mechanisms for Water Resources in the Third Millennium

Legal Mechanisms for Water Resources in the Third Millennium PDF Author: Marcella Nanni
Publisher: Routledge
ISBN: 1351108816
Category : Nature
Languages : en
Pages : 406

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Book Description
Legal mechanisms for the management, development and protection of water resources have evolved over the years and have reached unprecedented levels of complexity and sophistication. This phenomenon is largely in response to the global community’s sustainable development agenda, to the challenges and limitations imposed by climate variability, and to scientific and technological advances. Bringing together diverse experiences from across the world, this book analyses existing water law and governance solutions, their shortcomings, as well as developments and trends in the light of changing circumstances. The legal mechanisms examined range from international treaties, agreements and arrangements on cooperation over transboundary water resources, to the onset of novel issues arising out of technological advances, and from domestic regulation of water abstraction and groundwater management, to domestic regulation of the water industry. The articles in this book were originally published in the journal Water International, following the XIV and the XV World Water Congresses of the International Water Resources Association (IWRA), which were held in 2011 and in 2015, respectively. The chapters originally published in Water International.

Community-based Water Law and Water Resource Management Reform in Developing Countries

Community-based Water Law and Water Resource Management Reform in Developing Countries PDF Author: Barbara C. P. Koppen
Publisher: CABI
ISBN: 1845933273
Category : Law
Languages : en
Pages : 300

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Book Description
The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.

Legal recognition of customary water tenure in Sub-Saharan Africa

Legal recognition of customary water tenure in Sub-Saharan Africa PDF Author: Troell, J.
Publisher: International Water Management Institute (IWMI)
ISBN: 9290909455
Category : Law
Languages : en
Pages : 37

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Book Description


Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023) PDF Author: Armansyah Armansyah
Publisher: Springer Nature
ISBN: 2384762796
Category : Human rights
Languages : en
Pages : 306

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Book Description


Reforming Water Law and Governance

Reforming Water Law and Governance PDF Author: Cameron Holley
Publisher: Springer
ISBN: 9811089779
Category : Law
Languages : en
Pages : 298

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Book Description
This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters PDF Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category : Law
Languages : en
Pages : 361

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Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.