- Indigenous people's right to water under international law: a legal pluralism perspective
- Current Opinion in Environmental Sustainability
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
Faculty of Social and Behavioural Sciences (FMG)
- Amsterdam Center for International Law (ACIL)
Amsterdam Institute for Social Science Research (AISSR)
There are many sources of law, including international law, which support claims to water rights. This article looks at the different sources within international law and analyses the possibilities they have for substantiating the traditional rights of indigenous people to water and how states deal with these sources. It analyses the evolving laws and related scientific literature. It uses the legal pluralism perspective of Bavinck and Gupta to analyze the rules applicable to these communities. It concludes that the adoption of varying degrees of rights and the different legal access and enforcement procedures disempowers these communities and pollutes their resources, and calls for coherence in the application of these rules.
- go to publisher's site
If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library, or send a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.