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The Forum > General Discussion > Can a river have 'rights'?

Can a river have 'rights'?

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Leoj,

"You (Paul1405) are talking about the Cook Islanders who migrated to Australia via New Zealand. They sure were lucky, but more canny one has to admit and yes, for some it probably has been one long party. From the 1980s New Zealand's lacklustre economy made Australia the better target.

What you say is somewhat true, but I don't know about being "one long party" most have worked hard to establish a life for themselves and their families in Australia, just like many native born have. Not being a Nationalist I don't have a problem with people who have done that, I say good luck to them. What New Zealand does offer to many Australians these days is "lifestyle", and there is a growing number of Aussie's migrating to NZ, some to take up jobs, others for retirement. Many Kiwi's are now giving up on Australia, some after living here for 20 years or more, and returning home. Maybe that is an indicator of the Australian economy.
Posted by Paul1405, Monday, 8 May 2017 7:04:41 AM
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When BHP injures a river she can take him to court.

"For a typical example of the concept of legal person in a civil law jurisdiction, under the General Principles of Civil Law of the People's Republic of China, Chapter III, Article 36., "A legal person shall be an organization that has capacity for civil rights and capacity for civil conduct and independently enjoys civil rights and assumes civil obligations in accordance with the law."[

In part based on the principle that legal persons are simply organizations of natural persons, and in part based on the history of statutory interpretation of the word "person", the US Supreme Court has repeatedly held that certain constitutional rights protect legal persons (such as corporations and other organizations)."
Posted by nicknamenick, Monday, 8 May 2017 7:33:23 AM
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NNN, don't you know BHP is the Big Australian, bigger than Clive Palmer, and also claims to be a good corporate CITIZEN as well. If I was to go down to BHP and steal a lump of coal, I could be charged with stealing company property etc etc. BHP the company has the same rights as any other human being.
How about them Buddhists, they seem to have a different slant on religion altogether, and there is about half a billion of them in the world.
Posted by Paul1405, Monday, 8 May 2017 8:36:02 AM
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Hi Paul,

Pe'ea koe ? Meitaki ?

I would have thought that even in the definition of a company in any Corporations Act as a 'person', the limits on what that meant would be pretty tight: only that it had rights as an entity to carry on business as a company, issue shares, etc., and which could be sued in court for infringements to the Act, it could be bought and sold, it had the power to appoint officers, etc.

Yeah, I was a bit browned off by criticisms of Cook Islanders too: I worked with some really great people in NZ, mainly from the northern islands, hard workers, almost always happy and full of life. I'm sure they would be making many positive contributions to Australia right now. Their kids would be fantastic to teach.

Cheers,

Joe
Posted by Loudmouth, Monday, 8 May 2017 8:49:21 AM
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Paul1405,

What I said was, "for SOME it probably has been one long party".

Given that the participation of Cook Islands-born in employment is markedly below the Australian population, but thankfully and to their credit well above that of some migrants preferred by your SHY and Greens' 'Open Door' immigration, 'some' is a very fair qualifier. The lower employment rate of Cook Islanders could be linked to their lower education (participation and relevance of that education).

I am not tempted to automatically apply the air-brush of political correctness to all that I say or think. Otherwise, why have the government census and statisticians at all?

So, trying to wedge me as 'stereotyping' Cook Islanders should be seen for what it is, which is a distraction away from the rest of my post that is obviously not so convenient where your support of rights for inanimate objects is concerned and it follows, indigenous being regarded as the logical and rightful (that word again!) custodians.
Posted by leoj, Monday, 8 May 2017 9:53:03 AM
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Buddhists get cranky if you blow up their temple or don't pay a subsidy to rice farmers.
BHP is in trouble if its receptionist pushes a lump of coal down your throat or is a nuisance in the river .

Although a tort may also amount to a crime, claims in torts are civil claims brought by the individual concerned, who seeks compensation from the tortfeasor for injury or loss. Torts may be committed by individuals, corporate entities or public authorities, including government departments or agencies. Tort liability includes both personal liability and vicarious liability (for torts committed by employees or agents).

Torts include assault, battery, false imprisonment, trespass to land or goods, conversion of goods, private and public nuisance, intimidation, deceit, and the very expansive tort of negligence. Negligence occurs in many different social contexts, including on the roads, in the workplace, or through negligent medical care or professional services."
Posted by nicknamenick, Monday, 8 May 2017 10:14:08 AM
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