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

Published Cambridge : Cambridge University Press, [2019]

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Description 1 online resource Series Cambridge studies in law and society Cambridge studies in law and society. Contents 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 Rights3.4 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 Zealand5.3 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 Introduction7.2 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 DocumentsE Interviews; F Other; Index Summary A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed October 23, 2019) Subject Water rights. Water use -- Law and legislation. Indigenous peoples -- Legal status, laws, etc. Water-supply -- Management water rights. Indigenous peoples -- Legal status, laws, etc. Water rights Water-supply -- Management Water use -- Law and legislation Form Electronic book ISBN 9781108667265 9781108611091 1108611095 1108667260

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