Earth Jurisprudence and the Murray Darling: The Future of a River

Abstract

This article critiques the draft Murray-Darling Basin Plan from the perspective of an emerging theory of law termed Earth Jurisprudence. While the Draft Plan purports to be concerned with ecological management, this paper argues that it actually legitimizes the continued exploitation of the Murray-Darling. Next, the paper considers an alternative approach to ecosystem management that is based on the scientific concept of ‘Ecological Integrity’. This approach views the Murray-Darling as an interconnected hole and demands that its ecological needs receive the highest priority.

Keywords: earth jurisprudence, wild law, environmental regulation, water law