ABSTRACT
This chapter sums up the findings on legal personhood given to rivers in Aotearoa New Zealand (Whanganui River), Colombia (Atrato River) and India (Ganga and Yamuna rivers). It explores the reasons behind these three legal innovations, their outcomes and the lessons learned. These cases were driven by distinct local factors, including Māori’s deep relationship to the river and their efforts to rectify historical injustices against them (Aotearoa New Zealand), severe environmental degradation and impacts on local communities (Colombia) and the environmental concerns of an activist judge (India). The outcomes have varied significantly. The Whanganui case is the most promising, fostering Indigenous rights recognition, participatory governance and potential long-term environmental benefits. The Atrato ruling recognizes biocultural rights and has empowered local communities but faces implementation challenges. The Ganga and Yamuna rulings were stayed and have therefore had minimal impact.
The chapter concludes that effective riverine rights regimes require inclusive participation, reflection of local knowledge and values and state capacity and will for enforcement. The transformative potential lies in creating new participatory governance models that include local people and bridge different knowledge systems. Ultimately, focusing on “riverine rights” that consider both the river and its related living beings and human communities is crucial. These cases, despite their differences, represent local efforts to address global socio-environmental crises.
