University of Canterbury Home
    • Admin
    UC Research Repository
    UC Library
    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    1. UC Home
    2. Library
    3. UC Research Repository
    4. Faculty of Law | Te Kaupeka Ture
    5. Law: Journal Articles
    6. View Item
    1. UC Home
    2.  > 
    3. Library
    4.  > 
    5. UC Research Repository
    6.  > 
    7. Faculty of Law | Te Kaupeka Ture
    8.  > 
    9. Law: Journal Articles
    10.  > 
    11. View Item

    Can Western Water Law Become More ‘Relational’? A Survey of Comparative Laws affecting Water across Australasia and the Americas (2022)

    Thumbnail
    View/Open
    Can Western water law become more relational A survey of comparative laws affecting water across Australasia and the Americas.pdf (2.565Mb)
    Type of Content
    Journal Article
    UC Permalink
    https://hdl.handle.net/10092/105018
    
    Publisher's DOI/URI
    http://doi.org/10.1080/03036758.2022.2143383
    
    Publisher
    Informa UK Limited
    ISSN
    0303-6758
    1175-8899
    Language
    en
    Collections
    • Law: Journal Articles [218]
    Authors
    Macpherson, Elizabeth cc
    show all
    Abstract

    There is increasing support, in international legal theory and advocacy, for water governance approaches that go beyond the technocratic, and recognise the reciprocal relatedness of water peoples and water places. Such an approach may seem logical within certain Indigenous law and belief systems, but can Western legal frameworks become more ‘relational’? How can they evolve to be capable of meaningfully relating with Indigenous systems of law and governance for water? This article draws on a comprehensive survey of comparative legal developments affecting water across seven settler-colonial countries in Australasia and Latin America that attempt (or profess) to be relational. I critically evaluate these attempts against the ‘yardstick’ of relationality. In each jurisdiction there are unresolved calls for a social, cultural and constitutional transformation of some sort, in which Indigenous and environmental justice are key. The analysis here reveals the potential for constitutional law to drive relational water laws, although without place-based specificity and supporting institutions, resources and redistributions of power, constitutional approaches risk having little practical impact.

    Citation
    Macpherson E (2022). Can Western Water Law Become More ‘Relational’? A Survey of Comparative Laws affecting Water across Australasia and the Americas. Journal of the Royal Society of New Zealand TNZR. 1-30.
    This citation is automatically generated and may be unreliable. Use as a guide only.
    Keywords
    water law; relationality; indigenous rights; constitutional law; Australasia; Americas; comparative law
    ANZSRC Fields of Research
    45 - Indigenous studies::4503 - Aboriginal and Torres Strait Islander environmental knowledges and management::450306 - Aboriginal and Torres Strait Islander land and water management
    45 - Indigenous studies::4509 - Ngā mātauranga taiao o te Māori (Māori environmental knowledges)::450906 - Te whakahaere whenua me te wai o te Māori (Māori land and water management)
    48 - Law and legal studies::4802 - Environmental and resources law::480203 - Environmental law
    Rights
    All rights reserved unless otherwise stated
    http://hdl.handle.net/10092/17651

    Related items

    Showing items related by title, author, creator and subject.

    • Land, land banks and land back: Accounting, social reproduction and Indigenous resurgence 

      Finau G; Hallenbeck J; Scobie, Matthew (SAGE Publications, 2021)
      This paper situates Indigenous social reproduction as a duality; as both a site of primitive accumulation and as a critical, resurgent, land-based practice. Drawing on three distinct cases from British Columbia, Canada, ...
    • Australia, Wet or Dry, North or South: Addressing environmental impacts and the exclusion of Aboriginal peoples in northern water development 

      O'Neill L; Godden L; Macpherson EJ; O'Donnell E (2016)
      In view of the drive in policy circles to develop northern Australia and the concomitant dependence on water resources this will involve, this article argues that environmental and distributive justice considerations are ...
    • Beyond Recognition: Lessons from Chile for allocating indigenous water rights in Australia 

      Macpherson EJ (2017)
    Advanced Search

    Browse

    All of the RepositoryCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThesis DisciplineThis CollectionBy Issue DateAuthorsTitlesSubjectsThesis Discipline

    Statistics

    View Usage Statistics
    • SUBMISSIONS
    • Research Outputs
    • UC Theses
    • CONTACTS
    • Send Feedback
    • +64 3 369 3853
    • ucresearchrepository@canterbury.ac.nz
    • ABOUT
    • UC Research Repository Guide
    • Copyright and Disclaimer
    • SUBMISSIONS
    • Research Outputs
    • UC Theses
    • CONTACTS
    • Send Feedback
    • +64 3 369 3853
    • ucresearchrepository@canterbury.ac.nz
    • ABOUT
    • UC Research Repository Guide
    • Copyright and Disclaimer