Author: Nigel Bankes
Publisher: Bloomsbury Publishing
ISBN: 1782250727
Category : Law
Languages : en
Pages : 393
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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: Andrea Mensi
Publisher: BRILL
ISBN: 9004523995
Category : Law
Languages : en
Pages : 347
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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
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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: Kristina Schönfeldt
Publisher: Bloomsbury Publishing
ISBN: 1509915796
Category : Law
Languages : en
Pages : 1675
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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: Christina Allard
Publisher: Routledge
ISBN: 1317117271
Category : Law
Languages : en
Pages : 364
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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
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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: Alexandra Xanthaki
Publisher: BRILL
ISBN: 9004342192
Category : Law
Languages : en
Pages : 359
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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: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0199673225
Category : Law
Languages : en
Pages : 657
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Book Description
The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--
Author: Nicole Bates-Eamer
Publisher: Routledge
ISBN: 1000481026
Category : Political Science
Languages : en
Pages : 122
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Book Description
This book is a case-study collection examining the influences and functions of British Columbia’s (BC) borders in the 21st century. British Columbia’s Borders in Globalization examines bordering processes and the causes and effects of borders in the Cascadian region, from the perspective of BC. The chapters cover diverse topics including historical border disputes and cannabis culture and identity; the governance of transboundary water flows, migration, and preclearance policies for goods and people; and the emerging issue of online communities. The case studies provide examples that highlight the simultaneous but contradictory trends regarding borders in BC: while boundaries and bordering processes at the external borders shift away from the territorial boundary lines, self-determination, local politics, and cultural identities re-inscribe internal boundaries and borders that are both virtual and real. Moreover, economic protectionism, racial discourses, and xenophobic narratives, driven by advances in technology, reinforce the territorial dimensions of borders. These case studies contribute to the literature challenging the notion that territorial borders are sufficient for understanding how borders function in BC; and in a few instances they illustrate the nuanced ways in which borders (or bordering processes) are becoming detached from territory. The chapters in this book were originally published as a special issue of the Journal of Borderlands Studies.
Author: Rauna Kuokkanen
Publisher: Oxford University Press
ISBN: 0190913304
Category : Political Science
Languages : en
Pages : 385
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Book Description
Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.
