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Publicado: 26 de julio de 2024

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1

Jackson, Sue, Erin O'Donnell, Lee Godden y Marcia Langton. "Ontological Collisions in the Northern Territory's Aboriginal Water Rights Policy". Oceania 93, n.º 3 (noviembre de 2023): 259–81. http://dx.doi.org/10.1002/ocea.5388.

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ABSTRACTAmid a renewed push to extract water for agriculture and mining, Indigenous advocacy in northern Australia has resulted in the introduction of a new water allocation mechanism: a reserve of water to be retained for the use and benefit of Indigenous communities. Our socio‐legal analysis of the Oolloo Water Allocation Plan shows that the Strategic Aboriginal Water Reserves carry essential hallmarks of neoliberal property relations and are founded in the modernist mode of regulating extracted water as a commodity divisible from land, amenable to partitioning and disarticulated from socio‐cultural relations. Informed by ethnographic material from the Daly River region gathered over almost a century, we describe the hydro‐social relations that are created through customary traditions and practices, water planning and licencing, and the interaction between different scales of water movement and decision‐making by both the state and Traditional Owners. The paper contributes in several ways to research that has identified ontological conflicts as central to disagreements over water and pointed to the difficulty of articulating theoretical framings of ontological difference with the practical work of water negotiations. It shows how the new Indigenous water rights discourse that coincided with the commodification of water in wider Australia shaped the way in which Aboriginal people of this region have more recently articulated their relationships to the Daly River and the limits to state recognition of those relationships. We find that the Reserve model is unable to recognize the capacity of water to connect and unify people and other beings, as well as to define boundaries between them. Within a regime that facilitates resource extraction, a limited opening has been created for Aboriginal people to benefit from this model of economic development, yet we argue that there is reason to fear that the divisions the Aboriginal Water Reserve enacts between waters and land presents significant socio‐cultural risks.

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2

Strang, Veronica. "Making Waves: The Role of Indigenous Water Beings in Debates about Human and Non‐Human Rights". Oceania 93, n.º 3 (noviembre de 2023): 216–40. http://dx.doi.org/10.1002/ocea.5375.

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ABSTRACTRejecting nature‐culture dualism, contemporary anthropology recognises the mutually constitutive processes that create shared human and non‐human lifeworlds. Such recognition owes much to ethnographic engagement with diverse indigenous cosmologies many of which have, for millennia, upheld ideas about indivisible worlds in which all living kinds occupy a shared ontological space and non‐human species and environments are approached respectfully, with expectations of reciprocity and partnership. As many societies confront the global chaos caused by the anthropocentric prioritisation of human interests, anthropologists and indigenous communities are therefore well placed to articulate alternative models in which the non‐human domain is dealt with more equitably and inclusively. This paper is located comparatively in long‐term ethnographic research with indigenous communities in Australia, alongside the Mitchell River in North Queensland and the Brisbane River in South Queensland. It draws more specifically on involvement in legal claims for water rights by Māori iwis in New Zealand; in land claims by the Kunjen language group in Cape York; and in a recent ‘sea country’ case brought against a major multi‐national by the Tiwi Islanders in Australia's Northern Territory. It also makes use of a major comparative study of water beings in diverse cultural and historical contexts, and considers the central importance of water beings such as Māori taniwha and the Australian Rainbow Serpent in such legal conflicts, and in broader debates about human and non‐human rights. Like other water deities around the world, these beings personify the generative (and potentially punitive) powers of water and its co‐creative role in shaping human and non‐human lives. They are resurfacing today with an important representational role in contemporary conflicts over land and water.

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3

Gough, Annette. "A Response in 2014". Australian Journal of Environmental Education 30, n.º 1 (julio de 2014): 102. http://dx.doi.org/10.1017/aee.2014.31.

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Documenting a history of environmental education in Australia within an international context has been a research focus (some would say obsession) of mine since 1974, when I undertook a ‘needs for environmental education’ survey for the Curriculum Development Centre. Given the human-centred issues that launched the field (clean air and water, population), it was disturbing to see how it became characterised as nature focused from the 1990s onwards, to distinguish it from education for sustainable development (ESD). As we now look post-decade, we find that ESD is not yet integrated into mainstream education and sustainable development agendas, and the need to promote global citizenship is being added to the agenda. Most of the UNESCO priority action areas from 2014 look very familiar: policy support, whole-institution approaches, educators and local communities. The fifth area is Youth, a category that emerged in its own right for the first time in Agenda 21. Having been in this historical space for so long, I expect I will continue to document a history of the field for as long as I can, to see where the journey leads us.

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4

Khilchevskyi, V. "GLOBAL WATER RESOURCES: CHALLENGES OF THE 21st CENTURY". Bulletin of Taras Shevchenko National University of Kyiv. Geography, n.º 76-77 (2020): 6–16. http://dx.doi.org/10.17721/1728-2721.2020.76-77.1.

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The article provides an analytical overview of the state of global water resources and their use in the world. The focus is on the most important component of water resources – freshwater, which on the planet is only 2.5 % of the total. The most accessible renewable water resources are river runoff, which is distributed unevenly on the surface of the planet: Asia (32 %), South America (28 %), North America (18 %), Africa (9 %), Europe (7%), Australia and Oceania (6 %). Along with the characteristics of the known components of freshwater resources (river runoff, groundwater, glaciers), attention is also focused on trends in attracting unconventional sources (recovered wastewater or gray water, desalinated, specially collected rainwater). The total use of fresh water in the world is only 9 % of the total river flow of the planet. At the same time, the problem of water scarcity was included in the list of the World Economic Forum 2015, as one of the global risks in terms of the potential impact on human society in the next decade. Among the causes of global water, scarcity are geographical and socio-economic. Geographical reasons are the spatial and temporal (seasonal) mismatch of the demand for fresh water and its availability. Socio-economic reasons are the growth of the world’s population, urbanization, improving living standards, changes in consumption patterns, and an increase in irrigated land. The latter has become key to the growth of global water demand. Experts forecast that the limited access to fresh water in 2050 can be felt by 3.3 billion more people than in 2000. The article gives examples of a methodology for the hydrological assessment of water scarcity (calculation of the ratio of the volume of annual renewable water resources to the population) and the methodology of economic and geographical assessment. Other approaches to assessing water resources by creating new paradigms (water – blue, green, virtual, water footprint) have been characterized. Throughout the history of mankind, there have been many conflicts related to water. Active water cooperation between countries today reduces the risk of military conflicts. This conclusion was made after studying transboundary water relations in more than 200joint river basins, covering 148 countries. The right to safe water and sanitation is a fundamental right of everyone (UN, 2010). Therefore, among the 17 sustainable development goals adopted by the UN for implementation for the period 2015-2030, Global Goal 6 “Clean Water and Good Sanitary Conditions” is aimed at ensuring sustainable management of water resources and sanitation for all. This will save people from diseases, and society will be given the opportunity to be more productive in economic terms.

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5

Poirier, Robert y Doris Schartmueller. "Indigenous water rights in Australia". Social Science Journal 49, n.º 3 (1 de septiembre de 2012): 317–24. http://dx.doi.org/10.1016/j.soscij.2011.11.002.

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6

Schlieman, Lily. "Illegal, Unreported, and Unregulated Fishing in Southeast Asia: Trends and Actors". Asia Policy 30, n.º 4 (octubre de 2023): 71–92. http://dx.doi.org/10.1353/asp.2023.a911620.

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executive summary: This essay identifies trends and actors involved in illegal, unreported, and unregulated (IUU) fishing in two of Southeast Asia's regional seascapes (the South China Sea and the Sulu-Sulawesi Seascape), explores the political and socioeconomic factors that enable IUU fishing, and offers recommendations to governments and other stakeholders. main argument IUU fishing threatens the food, ecological, and economic security of coastal communities in Southeast Asia's seascapes. The region is home to incredible marine biodiversity that supports commercially important fish stocks. However, IUU fishing, poor fisheries management, and bad governance—coupled with environmental degradation and a lack of monitoring, control, surveillance, and enforcement capacity—leave these stocks in a precarious position. The clandestine nature of IUU fishing can also attract crimes of convergence, including forced labor and trafficking of humans, arms, drugs, and wildlife. To counter IUU fishing, national governments in Southeast Asia should take steps to improve cooperation, build cohesiveness, and share data and relevant information with each other and with regional organizations. Likewise, the Association of Southeast Asian Nations and regional fisheries management organizations should take a greater leadership role to facilitate data and information sharing between Southeast Asian governments. policy implications • Cooperative and joint stock assessments in the South China Sea and the Sulu-Sulawesi Seascape by governments, scientists, NGOs, and other stakeholders, with a focus on transboundary stocks, would significantly improve the monitoring and management of fisheries. • To bridge gaps in enforcement capacity, fisheries enforcement authorities should work with nontraditional partners, including local communities and trusted nations in the Indo-Pacific, such as the U.S., Australia, Japan, and the Republic of Korea. • Southeast Asian coastal states should work together to settle remaining maritime boundary disputes they have with each other and develop a cohesive regional bloc that strengthens their collective commitment to the UN Convention on the Law of the Sea and efforts to combat IUU fishing. • National governments and law enforcement should increase their capacity and technical capabilities to stop labor and human rights abuses on the water and in seafood processing facilities by working with NGOs, survivors, and other relevant stakeholders with expertise in the field.

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7

Birch, Alfred L. y R. Bruce MacLock. "WATER CONSERVATION AND TRANSFERABLE WATER RIGHTS: AUSTRALIA AND ALBERTA". Canadian Water Resources Journal 17, n.º 3 (enero de 1992): 214–22. http://dx.doi.org/10.4296/cwrj1703214.

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8

Birtles, Terry B. "Prisoners' Rights in Australia". Australian & New Zealand Journal of Criminology 22, n.º 4 (diciembre de 1989): 202–12. http://dx.doi.org/10.1177/000486588902200402.

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9

Geraghty, P. A. "Bulk water entitlements: Legal rights to water in Victoria, Australia". SIL Proceedings, 1922-2010 25, n.º 3 (enero de 1994): 1971–72. http://dx.doi.org/10.1080/03680770.1992.11900538.

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10

Hanemann, Michael y Michael Young. "Water rights reform and water marketing: Australia vs the US West". Oxford Review of Economic Policy 36, n.º 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.

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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.

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11

Edwards, William H. "The Church and Indigenous Land Rights: Pitjantjatjara Land Rights in Australia". Missiology: An International Review 14, n.º 4 (octubre de 1986): 473–86. http://dx.doi.org/10.1177/009182968601400406.

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In this article the author, whose experience in cross-cultural communication as a missionary was used by a group of Australian Aboriginal people among whom he had worked to interpret their demand for title to their traditional land, outlines aspects of the traditional life of the Pitjantjatjara people and their conception of their relation to the land. Edwards traces the history of the dispossession of the land following European settlement, and the history of negotiations which led to the recognition of their title to the land under South Australian legislation. He comments on the role of the churches in these events and reflects on a Christian approach to indigenous land rights, noting that churches in other lands, in their mission work, are also involved with indigenous peoples in struggles to achieve just recognition to title for their land.

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12

Speed, Robert. "A Comparison of Water Rights Systems in China and Australia". International Journal of Water Resources Development 25, n.º 2 (junio de 2009): 389–405. http://dx.doi.org/10.1080/07900620902868901.

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13

Murphy, John. "Conditional Inclusion: Aborigines and Welfare Rights in Australia, 1900–47". Australian Historical Studies 44, n.º 2 (junio de 2013): 206–26. http://dx.doi.org/10.1080/1031461x.2013.791707.

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14

Damousi, Joy. "World Refugee Year 1959–60: Humanitarian Rights in Postwar Australia". Australian Historical Studies 51, n.º 2 (17 de noviembre de 2019): 212–27. http://dx.doi.org/10.1080/1031461x.2019.1651352.

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15

Peterson, Nicolas. "Legislating for Land Rights in Australia". Practicing Anthropology 23, n.º 1 (1 de enero de 2001): 21–23. http://dx.doi.org/10.17730/praa.23.1.1rp8324376861j67.

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A commitment in applied anthropological policy work to maximising cultural appropriateness or even to supporting what indigenous people say they want is not always possible. This proved to be the case in connection with formulating recommendations for land rights legislation in Australia's Northern Territory. Until 1992 the only rights in land that Aboriginal people had as the original occupiers of the continent were statutory (that is, through acts of state and federal parliaments). No treaties were signed with Aboriginal people and until that date the continent was treated as terra nullius, unowned, at the time of colonisation in 1788. From early on in the history of European colonisation, however, areas of land had been set aside for the use and benefit of Aboriginal people. These reserves were held by the government, or by one of a number of religious bodies that ministered to Aboriginal people, usually supported by government funding. Beginning with South Australia in 1966 all of the states, except Tasmania, have passed legislation that gives varying degrees of control of these reserves to land trusts governed by Aboriginal people. Each of these pieces of legislation had/have different shortcomings which included some or all of the following: the total area that had been reserved was small; the powers granted over the land were limited; the majority of the Aboriginal population did not benefit from the legislation; and none of them addressed the issue of self-determination. In 1973 a Royal Commission into Aboriginal Land Rights, with a single Commissioner, Mr. Justice Woodward, was established by the newly elected Federal Labor government, the first in 23 years. It was planned that it would deal with the continent but that it would begin by focusing on the Northern Territory which until 1978 was administered by the Federal government. At the time there were 25,300 Aboriginal people in the Territory making up 25% of the population.

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16

Trompf, Garry W. "In Defence of the Land Ethic: Essays in Environmental Philosophy, by J. Baird Callicott. State University of New York Press, New York, NY, USA: x + 325 pp., 23.4 × 15.9 × 2.5 cm, no price indicated, 1989. - The Rights of Nature: a History of Environmental Ethics, by Roderick Frazier Nash. Primavera Press and University of Wisconsin Press, Sydney, Australia: xvi + 290 pp., 23 × 15 × 2 cm, first Australian edn. Au$24.95, 1990." Environmental Conservation 19, n.º 3 (1992): 284–85. http://dx.doi.org/10.1017/s0376892900031271.

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17

Ann Wheeler, Sarah y Dustin E. Garrick. "A tale of two water markets in Australia: lessons for understanding participation in formal water markets". Oxford Review of Economic Policy 36, n.º 1 (2020): 132–53. http://dx.doi.org/10.1093/oxrep/grz032.

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Abstract Water markets are promoted as a demand-management strategy for addressing water scarcity. Although there is an increasing literature on the institutional preconditions required for successful formal water markets, there has been less focus on understanding what drives participation after establishment of the basic enabling conditions. Participation can be measured in terms of either trading activity (conducting either a permanent or temporary water trade) and/or trade volumes across time and market products. Australia’s water markets in the Southern and Northern Basins of the Murray-Darling Basin provide a notable example of a ‘tale of two water markets’, offering insights about the economic policy levers that can drive participation across different hydrological, irrigation, and socioeconomic contexts. Key lessons include: distribution of initial property rights in resource allocation; the need to prepare for and seize opportunities to strengthen property rights; and robust monitoring and compliance requirements—all of which will reduce transaction costs and increase participation.

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18

Dare, Robert. "Paupers’ rights: Governor Grey and the poor law in South Australia∗". Australian Historical Studies 25, n.º 99 (octubre de 1992): 220–43. http://dx.doi.org/10.1080/10314619208595908.

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19

Branagan, David. "Australia – a Cenozoic history". Geological Society, London, Special Publications 301, n.º 1 (2008): 189–213. http://dx.doi.org/10.1144/sp301.14.

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20

Witting, Christian. "A History of Water Rights at Common Law". Modern Law Review 68, n.º 3 (mayo de 2005): 508–10. http://dx.doi.org/10.1111/j.1468-2230.2005.549_5.x.

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21

Williams, A. F. y D. J. Poynton. "THE GEOLOGY AND EVOLUTION OF THE SOUTH PEPPER HYDROCARBON ACCUMULATION". APPEA Journal 25, n.º 1 (1985): 235. http://dx.doi.org/10.1071/aj84020.

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The South Pepper field, discovered in 1982, is located 30 km southwest of Barrow Island in the offshore portion of the Barrow Sub-basin, Western Australia. The oil and gas accumulation occurs in the uppermost sands of the Lower Cretaceous Barrow Group and the overlying low permeability Mardie Greensand Member of the Muderong Shale.The hydrocarbons are trapped in one of several fault closed anticlines which lie on a high trend that includes the North Herald, Pepper and Barrow Island structures. This trend is postulated to have formed during the late Valanginian as the result of differential compaction and drape over a buried submarine fan sequence. During the Turonian the trend acted as a locus for folding induced by right-lateral wrenching along the sub-basin edge. Concurrent normal faulting dissected the fold into a number of smaller anticlines. This essentially compressional tectonic phase contrasted with the earlier extensional regime which was associated with rift development during the Callovian. A compressional tectonic event in the Middle Miocene produced apparent reverse movement on the South Pepper Fault but only minor changes to the structural closure.Geochemical and structural evidence indicates at least two periods of hydrocarbon migration into the top Barrow Group - Mardie Greensand reservoir. The earlier occurred in the Turonian subsequent to the period of wrench tectonics and involved the migration of oil from Lower Jurassic Dingo Claystone source rocks up the South Pepper Fault. This oil was biodegraded before the second episode of migration occurred after the Middle Miocene tectonism. The later oil is believed to have been sourced by the Middle to Upper Jurassic Dingo Claystone. Biodegradation at this stage ceased or became insignificant due to temperature increase and reduction of meteoric water flow. Gas-condensate, sourced from Triassic or Lower Jurassic sediments may have migrated into the structure with this second oil although a more recent migration cannot be ruled out.The proposed structural and hydrocarbon migration history fits regional as well as local geological observations for the Barrow Sub-basin. Further data particularly from older sections of the stratigraphic column within the area are needed to refine the interpretation.

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22

Minchin, T. J. "Exploring the "American Obsession" Down Under: Teaching Civil Rights History in Australia". Journal of American History 96, n.º 4 (1 de marzo de 2010): 1104–11. http://dx.doi.org/10.1093/jahist/96.4.1104.

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23

Pigram, John J. "Property rights and water markets in Australia: An evolutionary process toward institutional reform". Water Resources Research 29, n.º 4 (abril de 1993): 1313–19. http://dx.doi.org/10.1029/92wr02909.

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Burdon, Peter, Georgina Drew, Matthew Stubbs, Adam Webster y Marcus Barber. "Decolonising Indigenous water ‘rights’ in Australia: flow, difference, and the limits of law". Settler Colonial Studies 5, n.º 4 (2 de febrero de 2015): 334–49. http://dx.doi.org/10.1080/2201473x.2014.1000907.

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25

McKay, Jennifer. "Water institutional reforms in Australia". Water Policy 7, n.º 1 (1 de febrero de 2005): 35–52. http://dx.doi.org/10.2166/wp.2005.0003.

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With a brief description of the physical setting and institutional history of the Australian water sector, this paper reviews the water institutional reforms in Australia focusing especially on the nature and extent of reforms initiated since 1995 and provides a few case studies to highlight the issues and challenges in effecting changes in some key reform components. The reforms initiated in 1995 are notable for their comprehensiveness, fiscal incentives and clear and time-bound targets to be achieved. Although water institutions in Australia have undergone remarkable changes, thanks to the reforms, there are still issues and challenges inherent in reforming maturing water institutions. Regional diversity in legal systems and quality standards as well as conflicts between private interest and public welfare are still serious to constraining market-based water allocation and management. While Australia still needs further reforms, its recent reform experience provides considerable insights into the understanding of both the theory and the practice of water institutional reforms.

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Zekri, Slim y K. William Easter. "Water reforms in developing countries: management transfers, private operators and water markets". Water Policy 9, n.º 6 (1 de diciembre de 2007): 573–89. http://dx.doi.org/10.2166/wp.2007.127.

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This paper analyzes the irrigation management transfer (IMT) experience in four middle-income developing countries and explores the links for private sector participation in providing water service and irrigation management. The four countries considered in the analysis are Mexico, Morocco, South Africa and Tunisia. The IMT program was successful where farmers had their water rights established, farms are medium and large scale with good access to markets and the government had a strong political willingness to empower users. The IMT programs that focused mainly on farmers' participation and empowerment through Water User Associations (WUA) have not been very successful. Private sector management has proved a feasible alternative in a number of countries. Experiences from Australia, China, France and Mali show that the private sector can efficiently manage irrigation systems and collect water charges, even in the absence of formal WUAs. Two additional alternatives could be of interest for irrigation schemes; these are management contracts and lease contracts. Another alternative would be to reform public entities and create new models that can ensure efficiency and transparency. The establishment of water rights is key in many cases since it guarantees access to water. The water rights are most effective in improving water use when allocated to farmers rather than to the private/public operator. After the establishment of water rights, farmers will have an incentive to organize in order to obtain better service. The paper also provides an overview of different types of water markets where private operators may play the intermediate role between willing buyers and sellers of water based on information obtained through the management of the network.

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Laidlaw, Zoë. "Taking Liberty: Indigenous Rights and Settler Self-Government in Colonial Australia, 1830–1890". Australian Historical Studies 50, n.º 3 (3 de julio de 2019): 381–82. http://dx.doi.org/10.1080/1031461x.2019.1633043.

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Grafton, R. Quentin y Sarah Ann Wheeler. "Economics of Water Recovery in the Murray-Darling Basin, Australia". Annual Review of Resource Economics 10, n.º 1 (5 de octubre de 2018): 487–510. http://dx.doi.org/10.1146/annurev-resource-100517-023039.

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We review recent water reforms and the consequences of water recovery intended to increase stream flows in the Murray-Darling Basin (MDB), Australia. The MDB provides a natural experiment of water recovery for the environment that includes ( a) the voluntary buy-back of water rights from willing sellers and ( b) the subsidization of irrigation infrastructure. We find that ( a) the actual increase in the volumes of water in terms of stream flows is much less than claimed by the Australian government; ( b) subsidies to increase irrigation efficiency have reduced stream and groundwater return flows; ( c) buy-backs are much more cost effective than subsidies; ( d) many of the gains from water recovery have accrued as private benefits to irrigators; and ( e) more than a decade after water recovery began, there is no observable basin-wide relationship between volumes of water recovered and flows at the mouth of the River Murray.

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29

Mercer, David. "Terra nullius, aboriginal sovereignty and land rights in Australia". Political Geography 12, n.º 4 (julio de 1993): 299–318. http://dx.doi.org/10.1016/0962-6298(93)90043-7.

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Smith, C. "Review: A History of Water Rights at Common Law". Journal of Environmental Law 17, n.º 2 (1 de enero de 2005): 298–300. http://dx.doi.org/10.1093/envlaw/eqi024.

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O'Brien, Ilma Martinuzzi. "Citizenship, Rights and Emergency Powers in Second World War Australia". Australian Journal of Politics & History 53, n.º 2 (1 de junio de 2007): 207–22. http://dx.doi.org/10.1111/j.1467-8497.2007.00455.x.

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Skorobogatykh, Natalia. "Noel Pearson: “A Friend Among Strangers, A Stranger Among His Own”?" ISTORIYA 13, n.º 5 (115) (2022): 0. http://dx.doi.org/10.18254/s207987840021550-4.

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The article analyzes the activities of one of the most famous human rights defenders in the Commonwealth of Australia, Noel Pearson, whose ideas and practical steps in the field of aboriginal politics attract the closest public attention. Coming from an Aboriginal family from Queensland, he established himself as the lawyer who successfully defended the land rights of indigenous peoples of Australia, and as the founder and head of the Cape York Institute for Politics and Leadership, where a number of reforms are being carried out in the Aboriginal communities under his care. However, his activities do not always enjoy the unanimous support of the Aboriginal community, but the Governments of the Commonwealth of Australia have been mainly on his side.

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Tsatsaros, Julie, Jennifer Wellman, Iris Bohnet, Jon Brodie y Peter Valentine. "Indigenous Water Governance in Australia: Comparisons with the United States and Canada". Water 10, n.º 11 (13 de noviembre de 2018): 1639. http://dx.doi.org/10.3390/w10111639.

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Aboriginal participation in water resources decision making in Australia is similar when compared with Indigenous peoples’ experiences in other common law countries such as the United States and Canada; however, this process has taken different paths. This paper provides a review of the literature detailing current legislative policies and practices and offers case studies to highlight and contrast Indigenous peoples’ involvement in water resources planning and management in Australia and North America. Progress towards Aboriginal governance in water resources management in Australia has been slow and patchy. The U.S. and Canada have not developed consistent approaches in honoring water resources agreements or resolving Indigenous water rights issues either. Improving co-management opportunities may advance approaches to improve interjurisdictional watershed management and honor Indigenous participation. Lessons learned from this review and from case studies presented provide useful guidance for environmental managers aiming to develop collaborative approaches and co-management opportunities with Indigenous people for effective water resources management.

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34

Sheehan, J. "Indigenous property rights and river management". Water Science and Technology 43, n.º 9 (1 de mayo de 2001): 235–42. http://dx.doi.org/10.2166/wst.2001.0548.

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The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.

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35

Welsh, Michael, Charles T. DuMars, Marilyn O'Leary y Albert E. Utton. "Pueblo Indian Water Rights: Struggle for a Precious Resource". Western Historical Quarterly 16, n.º 4 (octubre de 1985): 466. http://dx.doi.org/10.2307/968627.

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36

Parman, Donald L. y Lloyd Burton. "American Indian Water Rights and the Limits of Law". Western Historical Quarterly 23, n.º 2 (mayo de 1992): 241. http://dx.doi.org/10.2307/970462.

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37

Bi, Kanglei y Lili Rong. "A research on the effectiveness of agricultural water rights allocation based on market orientation". E3S Web of Conferences 199 (2020): 00004. http://dx.doi.org/10.1051/e3sconf/202019900004.

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There are some problems in China’s agricultural water resources, such as low per capita consumption and uneven spatial and temporal distribution. It is urgent to speed up the reform of water rights trading mode. Based on the market orientation and the experience of the United States and Australia, this paper studies the effectiveness of China’s agricultural water rights trade. Firstly, the characteristics of “quasi-market” should be clarified. Secondly, under the market mechanism, this paper analyzes the mechanism of the impact of economic incentives of trading subjects, reasonable delimitation of trading prices and multiple participation of institutions and departments. Furthermore, the factors that affect the efficiency are deeply analyzed. At last, the paper provides some suggestions on the construction of a trading mechanism with Chinese characteristics from the aspects of right confirmation registration, pricing mechanism and supervision regulations, to provide decision support for agricultural water rights management system.

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38

Elphick, Jeremy. "Cinematic poetics and reclaiming history". Alphaville: Journal of Film and Screen Media, n.º 18 (1 de diciembre de 2019): 199–204. http://dx.doi.org/10.33178/alpha.18.18.

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Australia’s brutal legacy of offshore detention has been marked by tragedy, human rights abuses and international condemnation, framed within an overarching failure to reach any true resolution. The difference between Australia’s two major political parties’ approach to immigration policy has been largely cosmetic and there is little tangible difference between the actual policies they have implemented and sustained. Human Rights Watch bluntly diagnosed Australia as having “serious unresolved human rights problems”, calling the conditions on Manus and Nauru “abysmal” (Giakoumelos). This paper examines the process by which successive Australian governments have advocated and implemented border and immigration policies and, more specifically, how control of information has been a central tactic in defining how such policies are perceived by the public. There is a questionable disconnect between Australia’s political class and those targeted by the immigration policies it sustains. Chauka, Please Tell Us the Time (Boochani and Kamali Sarvestani 2017) captures the cruelty of Australia’s offshore detention policy, while intimately mapping the emotional and psychological experience of living in detention. Chauka, Please Tell Us the Time marks a fundamental shift, blunting attempts to dehumanise those in detention from a distance, while highlighting the moral crisis that this dehumanisation has created.

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39

Crase, Lin y Brian Dollery. "Water rights: a comparison of the impacts of urban and irrigation reforms in Australia". Australian Journal of Agricultural and Resource Economics 50, n.º 3 (septiembre de 2006): 451–62. http://dx.doi.org/10.1111/j.1467-8489.2006.00358.x.

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40

Cronin, Darryl. "Trapped by history: democracy, human rights and justice for indigenous people in Australia". Australian Journal of Human Rights 23, n.º 2 (4 de mayo de 2017): 220–41. http://dx.doi.org/10.1080/1323238x.2017.1373739.

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41

Lake, Marilyn. "Childbearers as rights-bearers: feminist discourse on the rights of aboriginal and non-aboriginal mothers in Australia, 1920–50". Women's History Review 8, n.º 2 (junio de 1999): 347–63. http://dx.doi.org/10.1080/09612029900200205.

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42

Gullett, Warwick. "Reconciliation in the Timor Sea". Korean Journal of International and Comparative Law 4, n.º 1 (30 de mayo de 2016): 99–112. http://dx.doi.org/10.1163/22134484-12340072.

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Australia and Timor Leste’s relationship has been bedevilled by disagreement about rights to lucrative hydrocarbon resources lying beneath the seabed of the Timor Sea and a complicated and at times a painful history with Indonesia. This article reviews these circumstances, the progress that has been made to settle resource rights in overlapping claimed areas of the Timor Sea, and the international proceedings that have been taken by Timor Leste against Australia. It is concluded that the key outstanding issue – where, exactly, the seabed boundary between Australia and Timor Leste should be located – will not be resolved in these proceedings but that progress towards amicable development of offshore resources will rest on good faith negotiations, cooperation and sound understanding of laws and principles for maritime boundary delimitation.

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43

Gibson, Jason. "Cultivating the “Proletarian Outlook”: Towards a History of the Left in Central Australia, 1920–75". Labour History: Volume 118, Issue 1 118, n.º 1 (1 de mayo de 2020): 55–81. http://dx.doi.org/10.3828/jlh.2020.4.

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This article presents a history of left-wing ideas and activities in central Australia from the 1920s through to the 1970s. Although the central Australian region, and the Alice Springs district in particular, is now often associated with various Aboriginal rights struggles and other protest movements, little is known about the presence of left-wing influences prior to the 1970s. Working from archival sources, this paper begins to build up a picture of how leftists and, in particularly, those associated with the Communist Party of Australia struggled to make their presence felt in a predominantly conservative socio-economic milieu. The intent of this article is to sketch out the various historical figures, events and ideological contests that came to influence the political identity of Australia’s most isolated and scantily populated heartland over a number of decades. These vignettes also reveal how leftist politics did, and did not, have an effect on the Aboriginal rights campaigns that followed in the 1970s and onwards.

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44

Pattiaratchi, Charitha, Yasha Hetzel y Ivica Janekovic. "PREDICTING EXTREME WATER LEVELS AROUND AUSTRALIA". Coastal Engineering Proceedings, n.º 36v (28 de diciembre de 2020): 7. http://dx.doi.org/10.9753/icce.v36v.currents.7.

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Throughout history, coastal settlers have had to adapt to periodic coastal flooding. However, as a society we have become increasingly vulnerable to extreme water level events as our cities and our patterns of coastal development become more intricate, populated and interdependent. In addition to this, there is now a real and growing concern about rising sea levels. Accurate estimates of extreme water levels are therefore critical for coastal planning and emergency planning and response. The occurrence of extreme water levels along low-lying, highly populated and/or developed coastlines can lead to considerable loss of life and billions of dollars of damage to coastal infrastructure. Therefore, it is vitally important that the exceedance probabilities of extreme water levels be accurately evaluated to inform risk-based flood management, engineering and future land-use planning. This objectives of this study was to estimate present day extreme sea level exceedance probabilities due to combination of storm surges, tides and mean sea level (including wind-waves) around the coastline of Australia.Recorded Presentation from the vICCE (YouTube Link): https://youtu.be/vGaB85VRujs

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45

Lawson, Michael L., Charles T. DuMars, Marilyn O'Leary y Albert E. Utton. "Pueblo Indian Water Rights: Struggle for a Precious Resource". Ethnohistory 33, n.º 3 (1986): 337. http://dx.doi.org/10.2307/481821.

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46

McEvoy, Arthur F. y Lloyd Burton. "American Indian Water Rights and the Limits of Law." Journal of American History 79, n.º 2 (septiembre de 1992): 699. http://dx.doi.org/10.2307/2080142.

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47

RiverOfLife, Martuwarra, Anne Poelina, Donna Bagnall y Michelle Lim. "Recognizing the Martuwarra's First Law Right to Life as a Living Ancestral Being". Transnational Environmental Law 9, n.º 3 (14 de septiembre de 2020): 541–68. http://dx.doi.org/10.1017/s2047102520000163.

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AbstractTraditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.

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48

Stern, Stephanie y A. Dan Tarlock. "Moving Water". Columbia Journal of Environmental Law 49, S (1 de abril de 2024): 249–90. http://dx.doi.org/10.52214/cjel.v49is.12549.

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Climate change-induced megadrought and rapid urbanization are forcing western agriculture into retreat as water supplies diminish and heat and drought ravage crops and livestock. At the same time, the megadrought is imposing deep ecological harm on riparian areas, fish species, and soil and increasing the concentration of pollutants in dwindling waterways. These developments raise the question of how to use the water rights left behind as western irrigated agriculture in-evitably shrinks. We argue that federal purchase of some of these rights could create a pool of water available for instream flows (also termed environmental flows) to preserve waterways and aquatic eco-systems. We propose that the federal government acquire some west-ern water rights from agricultural holders, just as it has acquired homes in residential “managed retreat” programs, and dedicate those rights to instream flows. This proposal is novel in agricultural policy, which has stubbornly subsidized agriculture in place, and in the schol-arship on government managed retreat from climate change, which has focused on retreating people and land, not rights in natural re-sources. Federal government managed retreat of western water rights reasserts a federal role in western water allocation, a feature we con-tend accords with current needs as well as history. The allocation of western water and the system of state and private water ownership are largely the result of the post-Civil War response to illegal gold and silver mining thought necessary to encourage western settlement. These policies no longer respond to the modern urbanized West and its present environmental challenges. Drought retreat presents an oppor-tunity for the federal government to move toward a more balanced al-location of western water and create durable environmental benefits.

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49

Chen, Yan, Yuhan Yan y Tingju Zhu. "Water Market Development in the Yellow River Basin: Challenges and Opportunities". Water 16, n.º 6 (20 de marzo de 2024): 894. http://dx.doi.org/10.3390/w16060894.

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Water market development in the Yellow River Basin (YRB) unfolds new opportunities for alleviating water scarcity and improving water productivity. However, the further development of an effective water market in the basin faces challenges such as unclear water rights, regulatory deficiencies, market deficiencies, and insufficient compensation to third-parties, among others. Studying water market development in Western countries provides useful insights for addressing similar challenges, thus providing useful case studies despite the different cultural, economic, institutional, and political settings. This paper investigates water markets in the Murray–Darling Basin in Australia, the western United States, and Chile to synthesize cases of water market development that could potentially contribute to overcoming the challenges encountered in the YRB. After analyzing these cases, recommendations are made for enhancing the YRB’s water market development from the perspectives of water rights systems, as well as the roles of the government and market, legal system, and third-party effects.

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50

Holland, Alison. "Barry Morris.Protests, Land Rights and Riots: Postcolonial Struggles in Australia in the 1980s." American Historical Review 121, n.º 2 (abril de 2016): 550–51. http://dx.doi.org/10.1093/ahr/121.2.550.

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