Literature Cited ABSTRACT As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of astralia 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 austdalia to rivers. This constitutes a ificant 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.
Many of these have been centered on the concept of guardianship or stewardship Stone and have been motivated by indigenous worldviews Morris and Ruru or eco-centrism CullinanMaloney and Burdon Australian Indigenous Law Review 14 2 These cases have been chosen for three reasons.
Riverw role of public interest environmental litigation. Both the Victorian and New Zealand cases contrast strongly with the legal rights for rivers created in India in several ways.
The three cases each use distinctive modes for creating legal rights for rivers and demonstrate different motivations for integrating legal rights into existing legislative frameworks. To read responses already accepted, follow this link. This combination of workability and flexibility has not been recognized until now, and these features of the legal rights for nature approach mean that it could well be far more widely applicable than ly thought.
Carlson, A. Crutzen, and J. As a navigable river, the Crown New Zealand government has formally owned the riverbed under legislation, while local authorities have been charged with management of the australai and catchment.
First, legal rights for nature can be created within a range of legal and institutional settings to address a of complex socio-environmental and economic problems. s in D. We strive to partner with our customers to ensure that effective and efficient solutions are provided to assist with the success Rivere their businesses.
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Land Economics 68 3 These problems require the development of innovative institutional arrangements that incentivize a change in the behavior of organizations and individuals Head and Alford Victorian Government white paper: securing our water future together. Ecosystems and human well-being: synthesis. Stanford Environmental Law Journal Australian Law Journal 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.
In Australia, the creation of a legal person was not intended to revolutionize water resources management, but rather to provide a much needed circuit-breaker in the political arguments about how much water should be recovered for Asian massage Old Crow environment Department of Sustainability and Environment Ecology and Society 21 2 Naffine, N. One of the most unexpected findings from this analysis was that the legal rights for rivers approach can be used to address problems motivated by economic, cultural, or environmental factors as in the case of Australia, New Zealand, and India, respectively.
Journal of Environmental Law. Stewardson, B.
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Monaghan, editor. Don, and C. Hemming, and D. Malloch, S.
Pacific Rim Law and Policy Journal In each case, legal rights have been used as a mechanism to address a complex set of pressures that required an innovative approach to water governance that stepped outside the standard approaches taken in environmental law and water resources management. These included the nature of the legal entity that holds the legal rights, independence from government, Alberta wa the provision of funding and organizational support to uphold the rights.
Asia Pacific Journal of Environmental Law Troutman, M.
The concept of granting legal rights to nonhuman entities is not new SalmondStonebut it has only recently begun to be implemented for nature. To undertake this analysis, a combination of archival material, legal documents such as legislation and court rulingspolicy documents and government reports, and austrralia coverage has been used.
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Bennett, editor. Legal personality and the natural world: on the persistence of the human measure of value. The court used the guardianship model to create the legal personality for the Ganges and Yamuna Rivers by establishing them as minors under the law.
If accepted for publication, your response will be hyperlinked to the article. Sachdeva, S.
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Rights and responsibilities on the home planet. In Marchthree rivers, the Whanganui River in New Zealand, and the Ganges and Yamuna rivers in India, were given the legal status of persons, while in a hybrid form of the legal rights for nature concept was used to protect the rivers of the state of Victoria, Australia. A history of wild law. Doremus, H.
Grey, D. Stone proposed a method to recognize the rights of nature in his seminal paper Should Trees Have Standing?