Overturning Aqua nullius: Securing Aboriginal Water Rights - Softcover

Virginia Marshall

Softcover

ISBN 10: 1922059099 ISBN 13: 9781922059093

Publisher: Aboriginal Studies Press, 2017

Synopsis

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.

About this title

About the Author

Virginia Marshall is a Wiradjuri Nyemba woman who commenced legal practice in 2003. In 2005 she became an Executive Officer leading the Aboriginal Water Trust and was a member of the inaugural Indigenous Water Summit established by the National Water Commission.

Edition details

• Publisher: Aboriginal Studies Press
• Publication date: 2017
• Language: English
• ISBN 10: 1922059099
• ISBN 13: 9781922059093
• Binding: Paperback
• Number of pages: 256