Pub Date : 2018-12-08DOI: 10.1163/22116427_009010009
Ulrike Fleth-Barten, Bent Ole Gram Mortensen
The exploitation of minerals in Greenland is governed by the Greenlandic Mineral Resource Act of 2009. Among the mineral resources is uranium. The exploitation of minerals lies within the competences of the self-government. However, the areas of foreign policy and security remain the competences of the Realm. When the socalled zero tolerance policy was lifted in 2013, the Danish Government insisted that uranium mining could not be under the (sole) competences of the Greenlandic self-government, as uranium is a dual-use good. In January 2016, the Greenlandic and the Danish government signed an agreement on exploitation and export of uranium and other radioactive resources. We are now are left with the question of competences not being unequivocally legally solved. And in addition we have open questions as to responsibility under international law.
{"title":"Uranium in Greenland: Questions of Resources and Security in a Self-Government Setting","authors":"Ulrike Fleth-Barten, Bent Ole Gram Mortensen","doi":"10.1163/22116427_009010009","DOIUrl":"https://doi.org/10.1163/22116427_009010009","url":null,"abstract":"The exploitation of minerals in Greenland is governed by the Greenlandic Mineral Resource Act of 2009. Among the mineral resources is uranium. The exploitation of minerals lies within the competences of the self-government. However, the areas of foreign policy and security remain the competences of the Realm. When the socalled zero tolerance policy was lifted in 2013, the Danish Government insisted that uranium mining could not be under the (sole) competences of the Greenlandic self-government, as uranium is a dual-use good. In January 2016, the Greenlandic and the Danish government signed an agreement on exploitation and export of uranium and other radioactive resources. We are now are left with the question of competences not being unequivocally legally solved. And in addition we have open questions as to responsibility under international law.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126336406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010005
Ayo Næsborg-Andersen, Bassah Khalaf
Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.
{"title":"The Right of Indigenous Peoples to Education in Their Own Language – Greenlanders in Denmark and in Greenland","authors":"Ayo Næsborg-Andersen, Bassah Khalaf","doi":"10.1163/22116427_009010005","DOIUrl":"https://doi.org/10.1163/22116427_009010005","url":null,"abstract":"Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123566763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010008
K. Buhmann
This article takes point of departure in the case of Greenland to examine how public authorities in Arctic societies may deploy the ideas inherent in Corporate Social Responsibility (CSR) to engage multinational corporations or national companies in contributing to addressing societal needs. Drawing on the emergent international law regime on CSR, it discusses the role of OECD’s Guidelines for Multinational Enterprises to encourage companies explicitly or implicitly to contribute to societal needs. The discussion points to similarities between social and environmental impact assessment and the risk-based due diligence approach recommended by OECD’s Guidelines. It also points to similarities between Impact Benefit Agreements and the Guidelines’ recommendations for companies’ contributions to host societies through employment of local labour and transfer of skills. This focus fits closely with public policy objectives expressed by Greenland’s Self-Government in regard to mining and underscores the pertinence for Greenland to consider acceding to the Guidelines.
{"title":"International Law and Corporate Social Responsibility: The Potential of OECD’s MNE Guidelines for Advancing Social Benefits in the Context of Natural Resource Exploitation in the Arctic, with Particular Regard to Greenland","authors":"K. Buhmann","doi":"10.1163/22116427_009010008","DOIUrl":"https://doi.org/10.1163/22116427_009010008","url":null,"abstract":"This article takes point of departure in the case of Greenland to examine how public authorities in Arctic societies may deploy the ideas inherent in Corporate Social Responsibility (CSR) to engage multinational corporations or national companies in contributing to addressing societal needs. Drawing on the emergent international law regime on CSR, it discusses the role of OECD’s Guidelines for Multinational Enterprises to encourage companies explicitly or implicitly to contribute to societal needs. The discussion points to similarities between social and environmental impact assessment and the risk-based due diligence approach recommended by OECD’s Guidelines. It also points to similarities between Impact Benefit Agreements and the Guidelines’ recommendations for companies’ contributions to host societies through employment of local labour and transfer of skills. This focus fits closely with public policy objectives expressed by Greenland’s Self-Government in regard to mining and underscores the pertinence for Greenland to consider acceding to the Guidelines.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128730971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010006
Tanja Leena Joona
The article examines the common global phenomenon of indigenous urbanization. In Finland, more than 75% of the indigenous Sámi children are born outside the Sámi Homeland area. The development is fast and poses different kind of challenges for the entire Sámi society and culture. Youth and women are more likely to settle in urban areas and it is their Sáminess that is to survive or die in the cities. Indigenousness is no longer tied with traditional livelihoods or land use but instead requires other forms of cultural maintenance. In the contemporary situation Sámi have started through their own associations and networks require more appropriate services in the cities, including Sámi language learning in the schools and kindergartens. This is not always satisfactory. The article evaluates the existing international and domestic (Finland) legislation in regard to Sámi language, but also the implementation of these rights in practice.The author would like to acknowledge that the article is based on a joint research project called NUORGÁV – An urban future for Sápmi?, between Norway, Sweden, Finland and Russia, where it is studied how Sámi youth organise and network to impact urban Sámi policy. The project is funded by the Research Council of Norway and administrated by Norwegian Institute for Urban and Regional Research (NIBR).
{"title":"Safeguarding Cultural Rights of Sámi Children and Youth in Finland, with Special Emphasis on the Linguistic Part of Cultural Identity – Current Challenges","authors":"Tanja Leena Joona","doi":"10.1163/22116427_009010006","DOIUrl":"https://doi.org/10.1163/22116427_009010006","url":null,"abstract":"The article examines the common global phenomenon of indigenous urbanization. In Finland, more than 75% of the indigenous Sámi children are born outside the Sámi Homeland area. The development is fast and poses different kind of challenges for the entire Sámi society and culture. Youth and women are more likely to settle in urban areas and it is their Sáminess that is to survive or die in the cities. Indigenousness is no longer tied with traditional livelihoods or land use but instead requires other forms of cultural maintenance. In the contemporary situation Sámi have started through their own associations and networks require more appropriate services in the cities, including Sámi language learning in the schools and kindergartens. This is not always satisfactory. The article evaluates the existing international and domestic (Finland) legislation in regard to Sámi language, but also the implementation of these rights in practice.The author would like to acknowledge that the article is based on a joint research project called NUORGÁV – An urban future for Sápmi?, between Norway, Sweden, Finland and Russia, where it is studied how Sámi youth organise and network to impact urban Sámi policy. The project is funded by the Research Council of Norway and administrated by Norwegian Institute for Urban and Regional Research (NIBR).","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130430083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010002
Romain Chuffart
This paper discusses and compares the evolution of language policies, laws and rights for indigenous peoples and minorities living in six of the eight Arctic states. It focuses on language rights of indigenous peoples living in the Fennoscandian Arctic (Sami people of Norway, Sweden, and Finland), in the American Arctic (Alaska) and in the Canadian Arctic (Nunavut, Northwest Territories, and Yukon). This paper also focuses on linguistic rights in Greenland. The aim of this study is to add to the discussion about how the use of indigenous languages in the public sphere (education, the judicial system, and interactions with the government) helps indigenous-language speakers who live in the Arctic to preserve their ways of life and their cultural identities. This paper posits that asymmetrical management is key to fulfilling indigenous linguistic rights. Devolution of language planning and policy implementation to the relevant local authorities often makes sense from a state viewpoint and, although it is not enough, it can be beneficial to indigenous speakers.
{"title":"Speaking of Rights: Indigenous Linguistic Rights in the Arctic","authors":"Romain Chuffart","doi":"10.1163/22116427_009010002","DOIUrl":"https://doi.org/10.1163/22116427_009010002","url":null,"abstract":"This paper discusses and compares the evolution of language policies, laws and rights for indigenous peoples and minorities living in six of the eight Arctic states. It focuses on language rights of indigenous peoples living in the Fennoscandian Arctic (Sami people of Norway, Sweden, and Finland), in the American Arctic (Alaska) and in the Canadian Arctic (Nunavut, Northwest Territories, and Yukon). This paper also focuses on linguistic rights in Greenland. The aim of this study is to add to the discussion about how the use of indigenous languages in the public sphere (education, the judicial system, and interactions with the government) helps indigenous-language speakers who live in the Arctic to preserve their ways of life and their cultural identities. This paper posits that asymmetrical management is key to fulfilling indigenous linguistic rights. Devolution of language planning and policy implementation to the relevant local authorities often makes sense from a state viewpoint and, although it is not enough, it can be beneficial to indigenous speakers.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121100104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010004
M. Burman, E. Svensson
Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.
{"title":"Women’s Human Rights in the Governance of the Arctic – Gender Equality and Violence against Indigenous Women","authors":"M. Burman, E. Svensson","doi":"10.1163/22116427_009010004","DOIUrl":"https://doi.org/10.1163/22116427_009010004","url":null,"abstract":"Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"29 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125695105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010012
Sune Tamm, J. Jabour, R. Johnstone
On 13th October 2015, Iceland quietly submitted its instrument of accession to the Antarctic Treaty to the US Department of State (the depositary for the Antarctic Treaty). Iceland’s accession was not accompanied by any official declaration or public discussion in Iceland or elsewhere. This paper investigates some of the factors that are likely to have spurred the decision to join the Antarctic treaty system, examines current Icelandic interests in the Antarctic and proposes constructive policies to enhance Icelandic involvement in Antarctic governance and cooperation following the accession. The authors conclude that logistical operations and adventure tourism involving Icelandic companies in the Antarctic are the most likely triggers for the accession and they propose that Iceland consider ratification of the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol).
{"title":"Iceland’s Accession to the Antarctic Treaty","authors":"Sune Tamm, J. Jabour, R. Johnstone","doi":"10.1163/22116427_009010012","DOIUrl":"https://doi.org/10.1163/22116427_009010012","url":null,"abstract":"On 13th October 2015, Iceland quietly submitted its instrument of accession to the Antarctic Treaty to the US Department of State (the depositary for the Antarctic Treaty). Iceland’s accession was not accompanied by any official declaration or public discussion in Iceland or elsewhere. This paper investigates some of the factors that are likely to have spurred the decision to join the Antarctic treaty system, examines current Icelandic interests in the Antarctic and proposes constructive policies to enhance Icelandic involvement in Antarctic governance and cooperation following the accession. The authors conclude that logistical operations and adventure tourism involving Icelandic companies in the Antarctic are the most likely triggers for the accession and they propose that Iceland consider ratification of the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol).","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128154090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010011
A. Jackson
This paper examines the operation of consensus within the Antarctic Treaty System, examining its role as the primary mechanism for achieving important decisions affecting Antarctic governance. It points out that consensus does not equal unanimous agreement, but it does rely on the absence of formal objection. As an example, the paper focuses on the shift from the 1988 Antarctic minerals convention (which regulated possible mineral resource activities) to the 1991 environmental protocol (which prohibited such activities and put in place comprehensive environmental measures). The events and processes associated with this short but important period in Antarctic history are examined to present a picture of the complexity of factors that can influence the achievement of consensus. The paper draws on new research sources, made possible by the recent release of government archives relating to the events discussed. It thus complements existing analyses which relied on the limited publicly accessible records of the inner workings of Treaty meetings and the diplomatic interactions of Treaty Parties. It concludes by pointing to the ongoing importance of consensus as the Treaty System continues to grow.
{"title":"Politics, Diplomacy, and the Creation of Antarctic Consensus","authors":"A. Jackson","doi":"10.1163/22116427_009010011","DOIUrl":"https://doi.org/10.1163/22116427_009010011","url":null,"abstract":"This paper examines the operation of consensus within the Antarctic Treaty System, examining its role as the primary mechanism for achieving important decisions affecting Antarctic governance. It points out that consensus does not equal unanimous agreement, but it does rely on the absence of formal objection. As an example, the paper focuses on the shift from the 1988 Antarctic minerals convention (which regulated possible mineral resource activities) to the 1991 environmental protocol (which prohibited such activities and put in place comprehensive environmental measures). The events and processes associated with this short but important period in Antarctic history are examined to present a picture of the complexity of factors that can influence the achievement of consensus. The paper draws on new research sources, made possible by the recent release of government archives relating to the events discussed. It thus complements existing analyses which relied on the limited publicly accessible records of the inner workings of Treaty meetings and the diplomatic interactions of Treaty Parties. It concludes by pointing to the ongoing importance of consensus as the Treaty System continues to grow.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133719480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010014
Daniela Tommasini, Shenghan Zhou
During the last years an increasing number of Chinese tourists are travelling to the Arctic regions. Rovaniemi in Finland is one of the most popular destinations among them. Here Chinese tourists, with a preconceived image of the Arctic, can enjoy clean air and nature, meet Santa Claus, see the Northern Lights, and thus meet their expectations.This paper is based on an online survey made in April and May 2016 among Chinese that went to visit Rovaniemi and its surroundings.Results show, among other things, that there are a growing number of tourists organising their own travel, and a higher demand for leisure activities. The level of satisfaction after the experience is pretty good, and the expectations, according to the pre-formed images, are fulfilled.
{"title":"Images and Expectations of Chinese Tourists Visiting an Arctic Destination: Rovaniemi, Finnish Lapland","authors":"Daniela Tommasini, Shenghan Zhou","doi":"10.1163/22116427_009010014","DOIUrl":"https://doi.org/10.1163/22116427_009010014","url":null,"abstract":"During the last years an increasing number of Chinese tourists are travelling to the Arctic regions. Rovaniemi in Finland is one of the most popular destinations among them. Here Chinese tourists, with a preconceived image of the Arctic, can enjoy clean air and nature, meet Santa Claus, see the Northern Lights, and thus meet their expectations.This paper is based on an online survey made in April and May 2016 among Chinese that went to visit Rovaniemi and its surroundings.Results show, among other things, that there are a growing number of tourists organising their own travel, and a higher demand for leisure activities. The level of satisfaction after the experience is pretty good, and the expectations, according to the pre-formed images, are fulfilled.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132362544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-08DOI: 10.1163/22116427_009010003
M. Lundmark
Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.
{"title":"The European Court of Human Rights and the Protection of Arctic Indigenous Peoples Rights","authors":"M. Lundmark","doi":"10.1163/22116427_009010003","DOIUrl":"https://doi.org/10.1163/22116427_009010003","url":null,"abstract":"Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.","PeriodicalId":202575,"journal":{"name":"The Yearbook of Polar Law Online","volume":"08 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130819298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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