First law and the force of water: law, water, entitlement

In this essay, the authors respond to several of the papers included in this special issue. First reflecting on the relation between waters, ‘First law’,1 and settler law, the authors then draw connections between some of the contributions to the issue. Water, the authors contend, is a productive site for thinking through the organs and processes of settler law, though such attention, they argue, also reveals how the ‘constitutional’ question of waters is occluded by the presence and dominance of settler law. The final section turns to Aotearoa/New Zealand as a negative example of this situation, one in which the constituting force of waters is nullified by the incorporation of indigenous politics within the processes and institutions of the settler legal order.