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Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
Page : 313 pages
File Size : 52,5 Mb
Release : 2019-08-08
Category : History
ISBN : 9781108473064
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author : Richard H. Bartlett,Canadian Institute of Resources Law
Publisher : Calgary : Canadian Institute of Resources Law
Page : 290 pages
File Size : 52,5 Mb
Release : 1988
Category : Law
ISBN : UOM:39015056298832
Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights.
Author : Amanda M. Klasing
Publisher : Unknown
Page : 90 pages
File Size : 54,8 Mb
Release : 2016
Category : Drinking water
ISBN : 1623133637
"The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.
Author : Merrell-Ann S. Phare
Publisher : Rocky Mountain Books Ltd
Page : 112 pages
File Size : 42,5 Mb
Release : 2011-02-15
Category : Nature
ISBN : 9781926855172
Provocative, passionate and populist, RMB Manifestos are short and concise non-fiction books of literary, critical, and cultural studies. First Nations are facing some of the worst water crises in Canada and throughout North America. Their widespread lack of access to safe drinking water receives ongoing national media attention, and yet progress addressing the causes of the problem is painfully slow. First Nations have had little say in how their waters are, or are not, protected. They have been excluded from many important decisions, as provinces operate under the view that they own the water resources within provincial boundaries, and the federal government takes a hands-off approach. The demands for access to waters that First Nations depend upon are intense and growing. Oil and gas, mining, ranching, farming and hydro-development all require enormous quantities of water, and each brings its own set of negative impacts to the rivers, lakes and groundwater sources that are critical to First Nations. Climate change threatens to make matters even worse. Over the last 30 years, the courts have clarified that First Nations have numerous rights to land and resources, including the right to be involved in decision-making. This book is a call to respect the water rights of First Nations, and through this create a new water ethic in Canada and beyond.
Author : Erin O'Donnell
Publisher : Routledge
Page : 202 pages
File Size : 41,7 Mb
Release : 2018-10-17
Category : Law
ISBN : 9780429889608
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.
Author : Steven Renzetti,Diane P. Dupont
Publisher : Springer
Page : 456 pages
File Size : 50,7 Mb
Release : 2016-10-31
Category : Law
ISBN : 9783319428062
This book provides an insightful and critical assessment of the state of Canadian water governance and policy. It adopts a multidisciplinary variety of perspectives and considers local, basin, provincial and national scales. Canada’s leading authorities from the social sciences, life and natural sciences address pressing water issues in a non-technical language, making them accessible to a wide audience. Even though Canada is seen as a water-rich country, with 7% of the world’s reliable flow of freshwater and many of the world’s largest rivers, the country nevertheless faces a number of significant water-related challenges, stemming in part from supply-demand imbalances but also a range of water quality issues. Against the backdrop of a water policy landscape that has changed significantly in recent years, this book therefore seeks to examine water-related issues that are not only important for the future of Canadian water management but also provide insights into transboundary management, non-market valuation of water, decentralized governance methods, the growing importance of the role of First Nations peoples, and other topics in water management that are vital to many jurisdictions globally. The book also presents forward-looking approaches such as resilience theory and geomatics to shed light on emerging water issues. Researchers, students and those directly involved in the management of Canadian waters will find this book a valuable source of insight. In addition, this book will appeal to policy analysts, people concerned about Canadian water resources specifically as well as global water issues.
Author : Deborah McGregor,Jean-Paul Restoule,Rochelle Johnston
Publisher : Canadian Scholars’ Press
Page : 364 pages
File Size : 43,8 Mb
Release : 2018-08-15
Category : Social Science
ISBN : 9781773380858
Indigenous research is an important and burgeoning field of study. With the Truth and Reconciliation Commission’s call for the Indigenization of higher education and growing interest within academic institutions, scholars are exploring research methodologies that are centred in or emerge from Indigenous worldviews, epistemologies, and ontology. This new edited collection moves beyond asking what Indigenous research is and examines how Indigenous approaches to research are carried out in practice. Contributors share their personal experiences of conducting Indigenous research within the academy in collaboration with their communities and with guidance from Elders and other traditional knowledge keepers. Their stories are linked to current discussions and debates, and their unique journeys reflect the diversity of Indigenous languages, knowledges, and approaches to inquiry. Indigenous Research: Theories, Practices, and Relationships is essential reading for students in Indigenous studies programs, as well as for those studying research methodology in education, health sociology, anthropology, and history. It offers vital and timely guidance on the use of Indigenous research methods as a movement toward reconciliation.
Author : Rutgerd Boelens,David H. Getches,Jorge Armando Guevara Gil
Publisher : Earthscan
Page : 385 pages
File Size : 46,6 Mb
Release : 2010
Category : Business & Economics
ISBN : 9781849774796
"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.
Author : Virginia Marshall,Michael Donald Kirby
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2017
Category : Aboriginal Australians
ISBN : 1922059099
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.
Author : Rutgerd Anne Boelens
Publisher : Unknown
Page : 287 pages
File Size : 45,9 Mb
Release : 2002
Category : Indigenous peoples
ISBN : 9085851432
Author : David R. Percy
Publisher : Calgary : Canadian Institute of Resources Law
Page : 103 pages
File Size : 48,6 Mb
Release : 1988
Category : Water
ISBN : 0919269214
Papers prepared as background to a workshop held in Toronto. Includes sections on northern water issues and Indian rights to water on reserve lands.
Author : Steve E. Hrudey,Elizabeth J. Hrudey
Publisher : IWA Publishing
Page : 501 pages
File Size : 53,9 Mb
Release : 2004-05-31
Category : Science
ISBN : 9781843390428
Drinking water provides an efficient source for the spread of gastrointestinal microbial pathogens capable of causing serious human disease. The massive death toll and burden of disease worldwide caused by unsafe drinking water is a compelling reason to value the privilege of having safe drinking water delivered to individual homes. On rare occasions, that privilege has been undermined in affluent nations by waterborne disease outbreaks traced to the water supply. Using the rich and detailed perspectives offered by the evidence and reports from the Canadian public inquiries into the Walkerton (2000) and North Battleford (2001) outbreaks to develop templates for understanding their key dimensions, over 60 waterborne outbreaks from 15 affluent countries over the past 30 years are explored as individual case studies. Recurring themes and patterns are revealed and the critical human dimensions are highlighted suggesting insights for more effective and more individualized preventive strategies, personnel training, management, and regulatory control. Safe Drinking Water aims to raise understanding and awareness of those factors that have most commonly contributed to or caused drinking-water-transmitted disease outbreaks - essentially a case-history analysis within the multi-barrier framework. It contains detailed analysis of the failures underlying drinking-water-transmitted disease epidemics that have been documented in the open literature, by public inquiry, in investigation reports, in surveillance databases and other reliable information sources. The book adopts a theme of 'converting hindsight into foresight', to inform drinking-water and health professionals including operators, managers, engineers, chemists and microbiologists, regulators, as well as undergraduates and graduates at specialty level. Key Features: Contains details and perspectives of major outbreaks not widely known or understood beyond those directly involved in the investigations. Technical and scientific background associated with case studies is offered in an accessible summary form. Does not require specialist training or experience to comprehend the details of the numerous outbreaks reviewed. By providing a broad-spectrum review using a consistent approach, several key recurring themes are revealed that offer insights for developing localized, tailor-made prevention strategies.
Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 40,5 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595
Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?
Author : Janice Gray,Cameron Holley,Rosemary Rayfuse
Publisher : Routledge
Page : 324 pages
File Size : 48,9 Mb
Release : 2016-06-23
Category : Law
ISBN : 9781317401148
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.
Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 47,5 Mb
Release : 2018-05-15
Category : Law
ISBN : 9780774880237
The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.