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Overturning Aqua Nullius

Overturning Aqua Nullius
Author: Virginia Marshall
Publisher:
Total Pages: 0
Release: 2017
Genre: Aboriginal Australians
ISBN: 9781922059093
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Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.

Restorative and Responsive Human Services

Restorative and Responsive Human Services
Author: Gale Burford
Publisher: Routledge
Total Pages: 260
Release: 2019-03-04
Genre: Social Science
ISBN: 0429676905
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In Restorative and Responsive Human Services, Gale Burford, John Braithwaite, and Valerie Braithwaite bring together a distinguished collection providing rich lessons on how regulation in human services can proceed in empowering ways that heal and are respectful of human relationships and legal obligations. The human services are in trouble: combining restorative justice with responsive regulation might redeem them, renewing their well-intended principles. Families provide glue that connects complex systems. What are the challenges in scaling up relational practices that put families and primary groups at the core of health, education, and other social services? This collection has a distinctive focus on the relational complexity of restorative practices. How do they enable more responsive ways of grappling with complexity than hierarchical and prescriptive human services? Lessons from responsive business regulation inform a re-imagining of the human services to advance wellbeing and reduce domination. Readers are challenged to re-examine the perverse incentives and contradictions buried in policies and practices. How do they undermine the capacities of families and communities to solve problems on their own terms? This book will interest those who harbor concerns about the creep of domination into the lives of vulnerable citizens. It will help policymakers and researchers to re-focus human services to fundamental outcomes at the foundation of sustainable democracies.

Subterranean Imaginaries and Groundwater Narratives

Subterranean Imaginaries and Groundwater Narratives
Author: Deborah Wardle
Publisher: Taylor & Francis
Total Pages: 203
Release: 2023-10-04
Genre: Literary Criticism
ISBN: 1000959708
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This book interrogates the problems of how and why largely unseen matter, in this case groundwater, has found limited expression in climate fiction. It explores key considerations for writing groundwater narratives in the Anthropocene. The book investigates a unique selection of climate fiction alongside an exploration of hydrosocial environmental humanities through a focus on groundwater and groundwater narratives. Providing eco-critical analysis, with creative fiction and non-fiction excerpts interwoven throughout, and drawing on Indigenous Australian and Australian settler novels and poems alongside European, American and Japanese texts, the book illuminates the processes of ‘storying with’ subterranean waters – their facts, uncertainties, potencies and vulnerabilities. In a time when the water crisis in an Australian and worldwide context is escalating in response to global warming, giving voice to the complexities of groundwater extraction and pollution is vital. Drawing from non-representational, posthumanist and feminist perspectives, the book provides an important contribution to transnational, comparative climate fiction analysis, enabling an interdisciplinary exchange between hydrogeological science and the eco-humanities. This book is an engaging read for scholars and students in creative writing, environmental humanities, cultural and post-colonial studies, Australian studies, and eco-critical literary studies. Writers and thinkers addressing the problems of the Anthropocene are called to pay attention to the importance of subterranean imaginaries and groundwater narratives.

Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation
Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
Total Pages: 313
Release: 2019-08-08
Genre: History
ISBN: 1108473067
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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Handbook on the Water-Energy-Food Nexus

Handbook on the Water-Energy-Food Nexus
Author: Brouwer, Floor
Publisher: Edward Elgar Publishing
Total Pages: 445
Release: 2022-08-12
Genre: Political Science
ISBN: 1839100559
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This Handbook provides a comprehensive overview of how water, energy and food are interconnected, comprising a coherent system: the nexus. It considers the interlinkages between natural resources, governance processes seeking coherence among water, energy and food policies, and the adoption of transdisciplinary approaches in the field.

Clan and Tribal Perspectives on Social, Economic and Environmental Sustainability

Clan and Tribal Perspectives on Social, Economic and Environmental Sustainability
Author: James C. Spee
Publisher: Emerald Group Publishing
Total Pages: 252
Release: 2021-03-01
Genre: Business & Economics
ISBN: 1789733650
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In a climate of in-migration, clan and tribal communities have been forced to build sustainable solutions together. Breaking fresh ground by shining a light on sustainability journeys from outside the global mainstream, this book demonstrates how sustainable development occurs in respectful collaboration between equals.

Threats to Springs in a Changing World

Threats to Springs in a Changing World
Author: Matthew J. Currell
Publisher: John Wiley & Sons
Total Pages: 244
Release: 2022-11-04
Genre: Science
ISBN: 1119818613
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Documents the declining quality and quantity of springs around the world and efforts to preserve, protect, and restore them. Anthropogenic causes, including climate change, have been degrading springs around the world. Changes in spring water quality and flow impact human health, cultural values, ecology, and livelihoods. Threats to Springs in a Changing World: Science and Policies for Protection presents a range of international studies illustrating the causes of spring degradation and strategies being used to safeguard springs both now and for the future. Volume highlights include: Examples of threatened springs in diverse hydrogeologic settings Innovative methods and tools for understanding the hydrogeology of spring systems Current policy and governance approaches for alleviating damage to springs Different approaches to management of springs A call for practitioners, policy makers, scientists, and the public to work together The American Geophysical Union promotes discovery in Earth and space science for the benefit of humanity. Its publications disseminate scientific knowledge and provide resources for researchers, students, and professionals.

Reforming Water Law and Governance

Reforming Water Law and Governance
Author: Cameron Holley
Publisher: Springer
Total Pages: 298
Release: 2018-04-27
Genre: Law
ISBN: 9811089779
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This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

A Legal Personality for the St. Lawrence River and other Rivers of the World

A Legal Personality for the St. Lawrence River and other Rivers of the World
Author: Yenny Vega Cárdenas
Publisher: Editions JFD
Total Pages: 544
Release: 2023-03-15
Genre: Law
ISBN: 2897995092
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In the wake of the recognition of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law. Written by experts from several countries where the recognition of the legal personhood of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam. Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.

Legal Rights for Rivers

Legal Rights for Rivers
Author: Erin O'Donnell
Publisher: Routledge
Total Pages: 202
Release: 2018-10-17
Genre: Law
ISBN: 0429889607
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In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.