Indigenous Rights in Freshwater: Mapping the Contested Space in Australia, New Zealand and Canada

Article


Young, Simon, Down, Sarah and Mascher, Sharon. 2023. "Indigenous Rights in Freshwater: Mapping the Contested Space in Australia, New Zealand and Canada." Environmental and Planning Law Journal. 39 (3), pp. 276-301.
Article Title

Indigenous Rights in Freshwater: Mapping the Contested Space in Australia, New Zealand and Canada

ERA Journal ID17107
Article CategoryArticle
AuthorsYoung, Simon, Down, Sarah and Mascher, Sharon
Journal TitleEnvironmental and Planning Law Journal
Journal Citation39 (3), pp. 276-301
Number of Pages26
Year2023
PublisherLawbook Co.
Place of PublicationAustralia
ISSN0813-300X
Web Address (URL)https://search.informit.org/doi/10.3316/agispt.20230808092860
Abstract

Indigenous water rights are emerging as a critical contemporary issue in many countries. In Australia, New Zealand and Canada legal progress in this field has been slow, expensive and selectively dispute driven - and policy progress has been piecemeal, fragile, and often focused on procedure over substance. Yet the socio-political context for consideration of these issues has changed – particularly through the ongoing development of international Indigenous rights standards, the strengthening of local Indigenous voices, and improving public understanding of the issues. A common thread is the resurgence of Indigenous laws and knowledges – which has produced some renaissance in Australian native title doctrine, a re-framing of questions in New Zealand in terms of Māori laws and governance rights, and some ‘occupation’ of recognition space in Canada through the assertion of jurisdiction and traditional legal authority. These are potentially significant developments as regards the contested space of freshwater. Each opens new opportunities for Indigenous voices to be better heard and understood.

KeywordsIndigenous water rights; First Nations water rights; Canadian First Nations; Maori; Australian First Nations; Aboriginal and Torres Strait Islanders; Native title
ANZSRC Field of Research 2020450518. Aboriginal and Torres Strait Islander peoples and the law
480302. Comparative law
480307. International humanitarian and human rights law
Public Notes

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Byline AffiliationsSchool of Law and Justice
University of Western Australia
University of Queensland
Centre for Heritage and Culture
University of Canterbury, New Zealand
Australian National University
University of Calgary, Canada
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