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Chapter Eight - Indigenous Water Rights in Comparative Law: Jurisdiction and Distribution

from Part III - Lessons Learnt

Published online by Cambridge University Press:  20 July 2019

Elizabeth Jane Macpherson
Affiliation:
University of Canterbury, Christchurch, New Zealand
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Summary

In Chapters 8 and 9 I bring together the findings from the comparative country studies to generalise some observations about the current state of, and potential for, indigenous water rights in state law. I argue that governments must finally address historical water injustice, and respond to the exclusion indigenous people have experienced, and continue to experience, from water law frameworks. I argue that this cannot be done, if indigenous peoples lack either the jurisdiction to exercise authority and influence over water management and governance in their territories, or a fair distribution of substantive rights to use water under legal and policy frameworks. I conclude the book with a reflection on how a more complete response to indigenous water injustice might look.

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Indigenous Water Rights in Law and Regulation
Lessons from Comparative Experience
, pp. 215 - 240
Publisher: Cambridge University Press
Print publication year: 2019

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