Book contents
- Indigenous Water Rights in Law and Regulation
- Cambridge Studies in Law and Society
- Indigenous Water Rights in Law and Regulation
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Chapter One Introduction
- Part I Conceptualising Indigenous Water Rights
- Chapter Two Justifying Indigenous Water Rights:
- Chapter Three Regulating Indigenous Water Rights:
- Part II Comparative Country Studies
- Part III Lessons Learnt
- Glossary
- Bibliography
- Index
- Cambridge Studies in Law and Society
Chapter Three - Regulating Indigenous Water Rights:
Nature, Humans and Markets
from Part I - Conceptualising Indigenous Water Rights
Published online by Cambridge University Press: 20 July 2019
- Indigenous Water Rights in Law and Regulation
- Cambridge Studies in Law and Society
- Indigenous Water Rights in Law and Regulation
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Chapter One Introduction
- Part I Conceptualising Indigenous Water Rights
- Chapter Two Justifying Indigenous Water Rights:
- Chapter Three Regulating Indigenous Water Rights:
- Part II Comparative Country Studies
- Part III Lessons Learnt
- Glossary
- Bibliography
- Index
- Cambridge Studies in Law and Society
Summary
In chapter 3 I introduce the two key regulatory tendencies relevant to the consideration of indigenous water rights in comparative law in this book. One of these developments is the idea that governments should ‘commoditise’ the natural environment and use private property rights and market mechanisms in water regulation and allocation; an approach typically counterposed with the idea of treating access to water as a fundamental human right, entitled to all. The other is the tendency to devise new legal mechanisms like ‘legal personality’ to protect the ‘rights of nature’ and address social or community concerns around water governance and quality. Both trajectories play out repeatedly in debates about indigenous rights to water in comparative law, and resulting legal and policy frameworks in the country studies considered in this book. I argue that most regulatory frameworks are in fact a combination of public and private interests, and suggest that both private and public mechanisms may have a place in debates about how best to provide for indigenous water rights.
Keywords
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- Information
- Indigenous Water Rights in Law and RegulationLessons from Comparative Experience, pp. 32 - 46Publisher: Cambridge University PressPrint publication year: 2019
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