Chapter 1 provides an overview of different theories of justice and how they can inform the development of a civil dimension of international criminal law. This chapter also traces the evolution of different dichotomies of the legal duty to provide reparations and the right to reparation: from perspectives of state versus state, to state versus individual, to individual versus individual. It also outlines the development of a duty to repair for individual perpetrators alongside states’ duty to repair. This introductory chapter thus provides the theoretical foundation that supports the analysis in the following chapters and it sets out the main themes that are discussed throughout the book. This chapter also lays out and discusses some challenges and counterarguments to the inclusion of a reparative dimension to international criminal justice from a theoretical perspective. Finally, this chapter draws on the enlightening jurisprudence of the Inter-American Court of Human Rights.

Chapter 2 explores the tensions in debates about indigenous water rights in legal and political theory, setting up the key propositions for this book.I argue that legal and policy mechanisms that seek to recognise cultural relationships with water and involve indigenous peoples in water governance should strive towards recognising indigenous water relationships but, more importantly, indigenous water jurisdiction. This argument is central to the consideration of the four country studies included in this book, in which law and policy is sometimes able to provide a space for indigenous groups to exercise jurisdiction in planning and governing their water resources. I also contend that the reason states should provide for indigenous water rights is an imperative of distribution. Such rights are needed not only to remedy the historical injustice of non-recognition but because indigenous exclusion from water law frameworks is ongoing.

Chapter 2 explores the tensions in debates about indigenous water rights in legal and political theory, setting up the key propositions for this book.I argue that legal and policy mechanisms that seek to recognise cultural relationships with water and involve indigenous peoples in water governance should strive towards recognising indigenous water relationships but, more importantly, indigenous water jurisdiction. This argument is central to the consideration of the four country studies included in this book, in which law and policy is sometimes able to provide a space for indigenous groups to exercise jurisdiction in planning and governing their water resources. I also contend that the reason states should provide for indigenous water rights is an imperative of distribution. Such rights are needed not only to remedy the historical injustice of non-recognition but because indigenous exclusion from water law frameworks is ongoing.