Creating legal rights for rivers: lessons from Australia, New Zealand, and India

Erin O'Donnell, Julia Talbot-Jones

    Research output: Contribution to journalArticle

    Abstract

    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.
    Original languageEnglish
    Pages (from-to)1-10
    JournalEcology and Society
    Volume23
    Issue number1
    DOIs
    Publication statusPublished - 2018

    Fingerprint Dive into the research topics of 'Creating legal rights for rivers: lessons from Australia, New Zealand, and India'. Together they form a unique fingerprint.

    Cite this