Choi, Sungeun (2025) Reimagining riverine rights: a socio-legal analysis of the legal status and governance models of Te Awa Tupua, the Turag River, and Birrarung. Griffith Law Review. p. 24. DOI https://doi.org/10.1080/10383441.2025.2526959
Choi, Sungeun (2025) Reimagining riverine rights: a socio-legal analysis of the legal status and governance models of Te Awa Tupua, the Turag River, and Birrarung. Griffith Law Review. p. 24. DOI https://doi.org/10.1080/10383441.2025.2526959
Choi, Sungeun (2025) Reimagining riverine rights: a socio-legal analysis of the legal status and governance models of Te Awa Tupua, the Turag River, and Birrarung. Griffith Law Review. p. 24. DOI https://doi.org/10.1080/10383441.2025.2526959
Abstract
Despite the growing recognition of the rights of nature, little attention has been given to how innovative legal frameworks, such as granting legal personhood and appointing guardians for nature, actually impact ecological protection on the ground. This article addresses this gap by examining the legal status of rivers and the governance structures established to uphold riverine rights, focusing on three case studies: Te Awa Tupua (Whanganui River) in New Zealand, the Turag River in Bangladesh, and Birrarung (Yarra River) in Australia. The article explores the dynamics of legal frameworks and their implementation in different social, historical, and cultural contexts. The findings reveal that while granting legal status for rivers contributes to addressing past wrongs and power imbalances for both humans and rivers, the impact of these legal outcomes is shaped by broader governance structures and their capacity to translate laws into tangible actions. Additionally, this article considers that recognising rivers as living entities, regardless of their legal person status, presents an opportunity to reconcile relationships among riverine life.
Item Type: | Article |
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Uncontrolled Keywords: | Riverine Rights; Rights of Nature; Law's Person; Relational Ontology; Te Awa Tupua; Turag River; Birrarung |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 30 Jul 2025 09:52 |
Last Modified: | 30 Jul 2025 09:53 |
URI: | http://repository.essex.ac.uk/id/eprint/41349 |
Available files
Filename: Reimagining riverine rights a socio-legal analysis of the legal status and governance models of Te Awa Tupua the Turag River and Birrarung.pdf
Licence: Creative Commons: Attribution-Noncommercial-No Derivative Works 4.0