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 ID | 17107 |
| Article Category | Article |
| Authors | Young, Simon, Down, Sarah and Mascher, Sharon |
| Journal Title | Environmental and Planning Law Journal |
| Journal Citation | 39 (3), pp. 276-301 |
| Number of Pages | 26 |
| Year | 2023 |
| Publisher | Lawbook Co. |
| Place of Publication | Australia |
| ISSN | 0813-300X |
| 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. |
| Keywords | Indigenous water rights; First Nations water rights; Canadian First Nations; Maori; Australian First Nations; Aboriginal and Torres Strait Islanders; Native title |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 450518. Aboriginal and Torres Strait Islander peoples and the law |
| 480302. Comparative law | |
| 480307. International humanitarian and human rights law | |
| Public Notes | The accessible file is the submitted version of the paper. Please refer to the URL for the published version. |
| Byline Affiliations | School 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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| First Nation water rights USQ AS re-submitted August2022.pdf | ||
| File access level: Anyone | ||
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