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| Author | : Elizabeth Jane Macpherson |
| Publisher | : Cambridge University Press |
| Total Pages | : 313 |
| Release | : 2019-08-08 |
| Genre | : History |
| ISBN | : 1108473067 |
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
| Author | : National Research Council (U.S.). Committee on Water Resources Management, Instream Flows, and Salmon Survival in the Columbia River Basin |
| Publisher | : National Academy Press |
| Total Pages | : 274 |
| Release | : 2004 |
| Genre | : Business & Economics |
| ISBN | : |
Book News, Inc., Portland, OR (booknews.com).
| Author | : Erin O'Donnell |
| Publisher | : Routledge |
| Total Pages | : 210 |
| Release | : 2018-10-17 |
| Genre | : Law |
| ISBN | : 0429889607 |
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
| Author | : Virginia Marshall |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Aboriginal Australians |
| ISBN | : 9781922059093 |
Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.
| Author | : Amanda M. Klasing |
| Publisher | : |
| Total Pages | : 90 |
| Release | : 2016 |
| Genre | : Drinking water |
| ISBN | : 9781623133634 |
"The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.
| Author | : Malcolm Langford |
| Publisher | : Cambridge University Press |
| Total Pages | : 737 |
| Release | : 2017-10-05 |
| Genre | : Law |
| ISBN | : 1107010705 |
The first book to engage in a comprehensive examination of the human right to water in theory and in practice.
| Author | : John Scanlon |
| Publisher | : IUCN |
| Total Pages | : 68 |
| Release | : 2004 |
| Genre | : Nature |
| ISBN | : 9782831707853 |
Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors? Is another 'academic debate' on this subject warranted when action is really what is necessary? Without claiming to prescribe the answers, this publication clearly and carefully sets out the competing arguments and the challenges.
| Author | : Joshua Getzler |
| Publisher | : Oxford Studies in Modern Legal |
| Total Pages | : 444 |
| Release | : 2004 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9780198265818 |
Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
| Author | : Piotr Szwedo |
| Publisher | : BRILL |
| Total Pages | : 402 |
| Release | : 2018-11-12 |
| Genre | : Law |
| ISBN | : 9004382895 |
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
| Author | : Giulia Sajeva |
| Publisher | : Oxford University Press |
| Total Pages | : 211 |
| Release | : 2018-04-16 |
| Genre | : Law |
| ISBN | : 0199091897 |
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.
