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Journal article
Of rivers, law and justice in the anthropocene
The Geographical Journal, 12442
11/04/2022
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Abstract
Beginning in the 2010s, rivers have captured the legal imagination of judges, legislators and activists alike, as part of a rapidly growing phenomenon described by UN Special Rapporteur on human rights and the environment, David Boyd as 'a legal revolution that could save the world'. Investigating river cases in jurisdictions as diverse as Aotearoa New Zealand, Colombia, India, the United States and Australia, and following Nicole Graham's suggestion that the non-human world is constantly reconstituted within an all-encompassing legal cosmology for which any observable 'thing', any 'object', any landscape, is always, inherently, and inevitably a 'lawscape', this paper explores the legal and the ontological nature of 'the river'. By casting traditional riparian doctrines against novel rights of Nature judgments, the paper highlights the interconnected and interdependent legal relationship between artificially construed human and non-human worlds, and observes a series of perceptible generational shifts in the legal and ontological treatment of rivers, from an abstract near-neglect, to a rights-based discourse, and ending (for the moment at least) in a deeply relational re-conceptualisation.
Details
- Title
- Of rivers, law and justice in the anthropocene
- Creators
- John Page - University of CanterburyAlessandro Pelizzon - Faculty of Business, Law and Arts Southern Cross University Lismore New South Wales Australia
- Publication Details
- The Geographical Journal, 12442
- Publisher
- John Wiley & Sons
- Number of pages
- 11
- Identifiers
- 991013016096402368
- Copyright
- This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited. The information, practices and views in this article are those of the author(s) and do not necessarily reflect the opinion of the Royal Geographical Society (with IBG). © 2022 The Authors. The Geographical Journal published by John Wiley & Sons Ltd on behalf of Royal Geographical Society (with the Institute of British Geographers). Open access publishing facilitated by Southern Cross University, as part of the Wiley - Southern Cross University agreement via the Council of Australian University Librarians
- Academic Unit
- Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article