Indigenous Water Rights in Law and Regulation responds to an
unresolved question in legal scholarship: how are (or how might be)
indigenous peoples' rights included in contemporary regulatory
regimes for water. This book considers that question in the context
of two key trajectories of comparative water law and policy. First,
the tendency to 'commoditise' the natural environment and use
private property rights and market mechanisms in water regulation.
Second, the tendency of domestic and international courts and
legislatures to devise new legal mechanisms for the management and
governance of water resources, in particular 'legal person' models.
This book adopts a comparative research method to explore
opportunities for accommodating indigenous peoples' rights in
contemporary water regulation, with country studies in Australia,
Aotearoa New Zealand, Chile and Colombia, providing much needed
attention to the role of rights and regulation in determining
indigenous access to, and involvement with, water in comparative
law.
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