Where ordinary laws fall short: ‘riverine rights’ and constitutionalism

Macpherson, Elizabeth; Borchgrevink, Axel; Ranjan, Rahul; Piedrahíta, Catalina Vallejo

doi:10.1080/10383441.2021.1982119

Cited by 12 publications

(2 citation statements)

References 64 publications

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“…A fundamental feature of environmental governance and management in Aotearoa NZ, including the coastal marine environment, is the role of Māori as Te Tiriti o Waitangi/ Treaty of Waitangi partners (Macpherson et al 2021a). The Treaty of Waitangi was signed in 1840 by the British Crown and a confederation of Māori chiefs; almost immediately upon signing, the Crown breached the terms of the Treaty, which subsequently led to the dispossession of land as well as limited opportunities for Māori to participate formally in environmental decision-making processes and management until the 1990s (Parsons et al 2021a).…”

Section: Marine Governance In Aotearoa Nzmentioning

confidence: 99%

“…For instance, a recent Environment Court decision in Aratiatia Livestock Limited v Southland Regional Council (2019: [21]) demonstrates that TMOW is already having a practical impact on water planning in New Zealand, including (in that case) the prioritisation of water's ecological and spiritual health above resource exploitation for primary production. The Court provides an early discussion of the meaning and significance of TMoW, which it describes as an integral part of freshwater management and a fundamental shift in perspective around management of this natural resource (Macpherson et al 2021a;Aratiatia Livestock Limited v Southland Regional Council 2019).…”

Section: Prioritising Equity Justice and Social Difference Poumentioning

confidence: 99%

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Broadening environmental governance ontologies to enhance ecosystem-based management in Aotearoa New Zealand

et al. 2022

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Ecosystem-based management (EBM) is a holistic approach to managing marine environments that can potentially reconcile cross-sectoral conflicts, scale mismatches, and fulfil sustainability objectives. In Aotearoa New Zealand (Aotearoa NZ), the operationalisation of EBM has been uneven; however, a set of principles to guide EBM in Aotearoa NZ provides a useful foundation to enable and enhance its uptake and to support governance approaches that attend to the rights, values, interests, and knowledges of Māori, the Indigenous peoples of Aotearoa. In acknowledging the need to give attention to the governance of marine environments, we apply insights from the ‘relational turn’ in social sciences and sustainability science to explore the ontological and epistemological broadening of ‘governance’ to identify opportunities for alternative forms of governance that accommodate Indigenous ways of knowing. We propose four pou (or enabling conditions) that generate alternatives to governance models underpinned by a ‘modernist’ (dualistic, technocratic) ontology: (i) enacting interactive administrative arrangements; (ii) diversifying knowledge production; (iii) prioritising equity, justice, and social difference; and (iv) recognising interconnections and interconnectedness. Our analysis of seven governance examples exposes evidence of radical and progressive transformations occurring within Aotearoa NZ regarding conceptions of the environment and the role of people in it that could support the wider uptake of EBM. Rather than advocating a ‘perfect model’ of governance for EBM, we find potential in EBM as a strategic approach to managing marine environments because of the synergies with Indigenous and relational ontologies, which lie in the emphasis on interconnectedness, inclusivity, diversity, and relationality.

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Section: Marine Governance In Aotearoa Nzmentioning

confidence: 99%

Section: Prioritising Equity Justice and Social Difference Poumentioning

confidence: 99%

Broadening environmental governance ontologies to enhance ecosystem-based management in Aotearoa New Zealand

et al. 2022

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An Introduction to Colombian Legal Culture

Vallejo Piedrahíta,

Luna Blanco,

Velásquez Ocampo

2023

Handbook on Legal Cultures

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The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law’s ‘Greening’ Agenda

Gilbert

Macpherson

Jones

et al. 2023

Netherlands Yearbook of International Law

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Over the past decade and a half, various natural entities have been recognised as having rights or legal personhood in certain domestic jurisdictions. The idea of nature as rights-bearing is seen by advocates to be a new and improved response to environmental threats. While rights of nature approaches are increasingly evident in transnational law, orthodox international law has yet to engage seriously with such approaches, despite increasing calls to recognise the rights of nature in international law. In this contribution we consider the potential and limitations of rights-based protections of nature as part of the ‘greening’ of international law. We argue that attempts to incorporate the rights of nature into international law need to be understood within the wider context and history of international law, including trajectories of colonialism and economic resource exploitation. Although rights of nature approaches may offer a path towards a greener international law, this path should not be followed in a way that reproduces problematic, homogenising aspects of international law, but instead centres human relationality with nature in place. Instead, we argue that there are important lessons to be learnt from transnational attempts to protect and implement rights of nature and legal personhood, especially where models are informed by Indigenous peoples’ relationships with nature.

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Where ordinary laws fall short: ‘riverine rights’ and constitutionalism

Cited by 12 publications

References 64 publications

Broadening environmental governance ontologies to enhance ecosystem-based management in Aotearoa New Zealand

Broadening environmental governance ontologies to enhance ecosystem-based management in Aotearoa New Zealand

An Introduction to Colombian Legal Culture

The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law’s ‘Greening’ Agenda

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