Creating legal rights for rivers: lessons from Australia, New Zealand, and India
As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of...
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Resilience Alliance
2018-03-01
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Online Access: | http://www.ecologyandsociety.org/vol23/iss1/art7/ |
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doaj-0be6d996d6a2457aa95aa310d9378c562020-11-24T22:09:13ZengResilience AllianceEcology and Society1708-30872018-03-01231710.5751/ES-09854-2301079854Creating legal rights for rivers: lessons from Australia, New Zealand, and IndiaErin L. O'Donnell0Julia Talbot-Jones1University of MelbourneAustralian National UniversityAs pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.http://www.ecologyandsociety.org/vol23/iss1/art7/Gangeslegal rightsriverVictorian Environmental Water HolderWhanganui |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Erin L. O'Donnell Julia Talbot-Jones |
spellingShingle |
Erin L. O'Donnell Julia Talbot-Jones Creating legal rights for rivers: lessons from Australia, New Zealand, and India Ecology and Society Ganges legal rights river Victorian Environmental Water Holder Whanganui |
author_facet |
Erin L. O'Donnell Julia Talbot-Jones |
author_sort |
Erin L. O'Donnell |
title |
Creating legal rights for rivers: lessons from Australia, New Zealand, and India |
title_short |
Creating legal rights for rivers: lessons from Australia, New Zealand, and India |
title_full |
Creating legal rights for rivers: lessons from Australia, New Zealand, and India |
title_fullStr |
Creating legal rights for rivers: lessons from Australia, New Zealand, and India |
title_full_unstemmed |
Creating legal rights for rivers: lessons from Australia, New Zealand, and India |
title_sort |
creating legal rights for rivers: lessons from australia, new zealand, and india |
publisher |
Resilience Alliance |
series |
Ecology and Society |
issn |
1708-3087 |
publishDate |
2018-03-01 |
description |
As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect. |
topic |
Ganges legal rights river Victorian Environmental Water Holder Whanganui |
url |
http://www.ecologyandsociety.org/vol23/iss1/art7/ |
work_keys_str_mv |
AT erinlodonnell creatinglegalrightsforriverslessonsfromaustralianewzealandandindia AT juliatalbotjones creatinglegalrightsforriverslessonsfromaustralianewzealandandindia |
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1716589531467087872 |