Special law: Recognition and denial of diversity in Andean water control

Abstract

This chapter focuses on special law, which is used throughout the Andean region to delineate legislative constructs for how policies are intended to affect indigenous peoples. Specifically, the authors focus on the use of special law in regard to water resource management and draw out the argument that while these "recognition policies" are intended to act as a bridge between local and national governance, throughout history such provisions have failed to heal relations between the two systems. This is highlighted through a discussion of the Peruvian and Chilean examples.