Author: Nigel Bankes Publisher: Bloomsbury Publishing ISBN: 1782250719 Category : Law Languages : en Pages : 436
Book Description
In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.
Author: Kristina Schönfeldt Publisher: Bloomsbury Publishing ISBN: 1509915796 Category : Law Languages : en Pages : 1675
Book Description
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
Author: Andrea Mensi Publisher: BRILL ISBN: 9004523995 Category : Law Languages : en Pages : 347
Book Description
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Author: Natalie Jones Publisher: Cambridge University Press ISBN: 1009406337 Category : Law Languages : en Pages : 361
Book Description
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Author: Alexandra Xanthaki Publisher: BRILL ISBN: 9004342192 Category : Law Languages : en Pages : 359
Book Description
Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
Author: Christina Allard Publisher: Routledge ISBN: 1317117271 Category : Law Languages : en Pages : 364
Book Description
This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.
Author: Sanna Valkonen Publisher: Taylor & Francis ISBN: 1000584232 Category : Social Science Languages : en Pages : 699
Book Description
This book provides a comprehensive and multifaceted analysis of the Sámi society and its histories and people, offering valuable insights into how they live and see the world. The chapters examine a variety of social and cultural practices, and consideration is given to environment, legal and political conditions and power relations. The contributions by a range of experts of Sámi studies and Indigenous scholars are drawn from across the Sápmi region, which spans from central Norway and central Sweden across Finnish Lapland to the Kola Peninsula in Russia. Sámi perspectives, concepts and ways of knowing are foregrounded throughout the volume. The material connects with wider discussions within Indigenous studies and engages with current concerns relating to globalization, environmental and cultural change, Arctic politics, multiculturalism, postcolonialism and neoliberalism. The Sámi World will be of interest to scholars from a number of disciplines, including Indigenous studies, anthropology, sociology, geography, history and political science.
Author: Dorothée Cambou Publisher: Taylor & Francis ISBN: 1003810802 Category : Science Languages : en Pages : 226
Book Description
This book examines the significance of the rights of the Sámi people and analyses the issues raised by the recognition and implementation of these rights in the Nordic countries. Written together by Sámi and non-Sámi experts, the book adopts a human rights approach to examine the adequacy of law and policies that seek to protect the culture and livelihood of Sámi communities in their traditional lands and territories. The book discusses contemporary legal and jurisprudential developments in the field of Sámi rights. It examines the processes and challenges in the recognition and implementation of these rights, particularly in relation to the governance of their traditional land and resources. The book will be of particular interest to legal scholars, political scientists, experts in the field of Indigenous peoples’ rights, governmental authorities, and members of Indigenous communities.
Author: Giselle Corradi Publisher: Routledge ISBN: 135174755X Category : Law Languages : en Pages : 238
Book Description
The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.
Author: Joan Nymand Larsen Publisher: Nordic Council of Ministers ISBN: 9289338830 Category : Arctic peoples Languages : en Pages : 507
Book Description
The goals of the second volume of the AHDR – Arctic Human Development Report: Regional Processes and Global Linkages – are to provide an update to the first AHDR (2004) in terms of an assessment of the state of Arctic human development; to highlight the major trends and changes unfolding related to the various issues and thematic areas of human development in the Arctic over the past decade; and, based on this assessment, to identify policy relevant conclusions and key gaps in knowledge, new and emerging Arctic success stories. The production of AHDR-II on the tenth anniversary of the first AHDR makes it possible to move beyond the baseline assessment to make valuable comparisons and contrasts across a decade of persistent and rapid change in the North. It addresses critical issues and emerging challenges in Arctic living conditions, quality of life in the North, global change impacts and adaptation, and Indigenous livelihoods. The assessment contributes to our understanding of the interplay and consequences of physical and social change processes affecting Arctic residents’ quality of life, at both the regional and global scales. It shows that the Arctic is not a homogenous region. Impacts of globalization and environmental change differ within and between regions, between Indigenous and non-Indigenous northerners, between genders and along other axes.
Author: Nigel Bankes
Author: Kristina Schönfeldt
Author: Andrea Mensi
Author: Natalie Jones
Author: Alexandra Xanthaki
Author: Christina Allard
Author: Sanna Valkonen
Author: Dorothée Cambou
Author: Giselle Corradi
Author: Joan Nymand Larsen