Pub Date : 2024-06-05DOI: 10.23865/arctic.v15.6260
Frank Ojwang
Arctic law and politics are heavily focused on citizens and their welfare. In recent times, migration has led to an increase in immigrants to the Arctic region, expanding discussions on diversity, equality, and inclusion. This article analyses immigrant experiences of the wheels of justice when appealing extended-residence decisions in Finland. There has been research on residence applications but there is no previous research on appealing residence decisions in Finland. Using interpretative phenomenological analysis (IPA), the article analyses four Africans’ experiences of (in)justice during residence permit decision appeals lodged through the administrative courts in Finland 2011–2020. The article uses the Renault concept to argue and underscore the experiences of injustice and to underscore the gathered, analysed emerging themes and the patterns observed in the handling of the residence permit appeal cases from a legal and political perspective. The information was gathered through in-depth interviews using open-ended, structured questions, and the analysis of personal text and information was collated using MAXQDA software. The article highlights the incidences of human rights violations, injustice, mental health and well-being issues, inadequate information and distrust of the administrative justice system, and the risk that this poses to Arctic law and politics as right-wing politics are on the rise.
{"title":"An Interpretative Phenomenological Analysis of Residence Permit Appeals at the Administrative Courts of Finland: Acquiescence Bias by Legalised Judicial Injustices in Finland","authors":"Frank Ojwang","doi":"10.23865/arctic.v15.6260","DOIUrl":"https://doi.org/10.23865/arctic.v15.6260","url":null,"abstract":"Arctic law and politics are heavily focused on citizens and their welfare. In recent times, migration has led to an increase in immigrants to the Arctic region, expanding discussions on diversity, equality, and inclusion. This article analyses immigrant experiences of the wheels of justice when appealing extended-residence decisions in Finland. There has been research on residence applications but there is no previous research on appealing residence decisions in Finland. Using interpretative phenomenological analysis (IPA), the article analyses four Africans’ experiences of (in)justice during residence permit decision appeals lodged through the administrative courts in Finland 2011–2020. The article uses the Renault concept to argue and underscore the experiences of injustice and to underscore the gathered, analysed emerging themes and the patterns observed in the handling of the residence permit appeal cases from a legal and political perspective. The information was gathered through in-depth interviews using open-ended, structured questions, and the analysis of personal text and information was collated using MAXQDA software. The article highlights the incidences of human rights violations, injustice, mental health and well-being issues, inadequate information and distrust of the administrative justice system, and the risk that this poses to Arctic law and politics as right-wing politics are on the rise.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"32 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141386002","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 : 2024-04-09DOI: 10.23865/arctic.v15.6271
Julien Lebel, Annika E. Nilsson
The European Union (EU) has underscored its will to heighten its engagement in the Arctic region. Beyond traditional areas of interest – such as tackling climate change, supporting research and developing cooperations – critical resources and security emerged as new topics in the EU’s most recent policy documents. These have become even more critical since February 2022 following Russia’s all-out war against Ukraine. The Circumpolar North is the subject of many challenges caused by climate change and its fragile biodiversity, which, combined with the region’s importance for scientific research, access to natural resources, tourist activities, and military security, places it in a geopolitically strategic position. By focusing on EU ambitions in the Arctic, this article analyses the EU’s potential to implement policies and set consequential trends in an area of political interest outside its jurisdiction. It concludes that core political priorities and sector-specific regulations that directly guide the behaviour of EU members may have more influence than Arctic policy statements.
{"title":"EU Engagement in the Arctic: Challenges to Achieving Ambitions in an Area outside Its Jurisdiction","authors":"Julien Lebel, Annika E. Nilsson","doi":"10.23865/arctic.v15.6271","DOIUrl":"https://doi.org/10.23865/arctic.v15.6271","url":null,"abstract":"The European Union (EU) has underscored its will to heighten its engagement in the Arctic region. Beyond traditional areas of interest – such as tackling climate change, supporting research and developing cooperations – critical resources and security emerged as new topics in the EU’s most recent policy documents. These have become even more critical since February 2022 following Russia’s all-out war against Ukraine. The Circumpolar North is the subject of many challenges caused by climate change and its fragile biodiversity, which, combined with the region’s importance for scientific research, access to natural resources, tourist activities, and military security, places it in a geopolitically strategic position. By focusing on EU ambitions in the Arctic, this article analyses the EU’s potential to implement policies and set consequential trends in an area of political interest outside its jurisdiction. It concludes that core political priorities and sector-specific regulations that directly guide the behaviour of EU members may have more influence than Arctic policy statements.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140721053","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 : 2024-01-30DOI: 10.23865/arctic.v15.6220
Ø. Ravna
{"title":"Welcome to Another Demanding and Exiting Year","authors":"Ø. Ravna","doi":"10.23865/arctic.v15.6220","DOIUrl":"https://doi.org/10.23865/arctic.v15.6220","url":null,"abstract":"","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"64 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481972","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 : 2024-01-30DOI: 10.23865/arctic.v15.5065
B. Knutsen, Elisabeth Pettersen
Russia’s invasion of Ukraine has created the most precarious security situation in Europe, including the High North, since the Second World War. This article studies how Norway manages High North security dilemmas in the context of this ongoing war. Based on security dilemma theory, we direct our attention to a set of mitigation strategies and discuss the effectiveness of these. We build our arguments on Robert Jervis’ article “Cooperation under the Security Dilemma” in World Politics (1978), and his understanding that a security dilemma occurs when an increase in one state’s security leads to other states fearing for their own security, thus creating tension or conflict escalation. To limit such dilemmas, Norway has pursued a policy mix of both deterrence and reassurance measures. Our contribution to the research debate is the term mitigation-strategies, derived from security dilemma theory. First, we discuss people-to-people cooperation and analyse how this is a trust-building measure. Secondly, we explore how Norway approaches confidence and security building measures in the High North. Finally, we discuss the implications of letting the Arctic Council become an arena for security- and defence political coordination. Building upon insights from security dilemma theory, we demonstrate how Norway contributes to maintaining lower levels of tension in the High North.
俄罗斯对乌克兰的入侵造成了自第二次世界大战以来包括北部高地在内的欧洲最不稳定的安全局势。本文研究了挪威如何在这场持续不断的战争中应对北部高地的安全困境。在安全困境理论的基础上，我们提出了一系列缓解战略，并讨论了这些战略的有效性。我们的论点基于罗伯特-杰维斯（Robert Jervis）在《世界政治》（World Politics，1978 年）上发表的文章《安全困境下的合作》（Cooperation under the Security Dilemma），以及他对安全困境的理解：当一个国家的安全增加导致其他国家担心自己的安全，从而造成紧张局势或冲突升级时，就会出现安全困境。为了限制这种两难局面，挪威采取了威慑和安抚措施相结合的政策。我们对研究辩论的贡献在于从安全困境理论中引申出的 "缓解战略"（mitigation-strategies）一词。首先，我们讨论了人与人之间的合作，并分析了这是如何成为一项建立信任的措施。其次，我们探讨挪威如何在北部高地采取建立信任和安全措施。最后，我们讨论了让北极理事会成为安全与防务政治协调舞台的意义。根据安全困境理论的见解，我们说明了挪威是如何帮助维持北部高纬度地区较低水平的紧张局势的。
{"title":"War in Europe, but Still Low Tension in the High North? An Analysis of Norwegian Mitigation Strategies","authors":"B. Knutsen, Elisabeth Pettersen","doi":"10.23865/arctic.v15.5065","DOIUrl":"https://doi.org/10.23865/arctic.v15.5065","url":null,"abstract":"Russia’s invasion of Ukraine has created the most precarious security situation in Europe, including the High North, since the Second World War. This article studies how Norway manages High North security dilemmas in the context of this ongoing war. Based on security dilemma theory, we direct our attention to a set of mitigation strategies and discuss the effectiveness of these. We build our arguments on Robert Jervis’ article “Cooperation under the Security Dilemma” in World Politics (1978), and his understanding that a security dilemma occurs when an increase in one state’s security leads to other states fearing for their own security, thus creating tension or conflict escalation. To limit such dilemmas, Norway has pursued a policy mix of both deterrence and reassurance measures. Our contribution to the research debate is the term mitigation-strategies, derived from security dilemma theory. First, we discuss people-to-people cooperation and analyse how this is a trust-building measure. Secondly, we explore how Norway approaches confidence and security building measures in the High North. Finally, we discuss the implications of letting the Arctic Council become an arena for security- and defence political coordination. Building upon insights from security dilemma theory, we demonstrate how Norway contributes to maintaining lower levels of tension in the High North.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"34 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481103","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 : 2024-01-30DOI: 10.23865/arctic.v15.5125
Beate Steinveg
Small states are perceived to be subject to the will of great powers in the international system. Yet, small states – such as Norway – also have interests they pursue through various means. This article features an inventory of the Norwegian government’s main foreign policy and Arctic policy interests, and examines the rationale behind these interests from a domestic and an international perspective. The article highlights Norway’s challenges in the Arctic, including balancing between Russia and NATO, Norway’s bilateral relationship with the United States, dealing with China as an emerging Arctic stakeholder, and Norway’s ambivalent relationship with the European Union concerning the Arctic. The analysis draws on theorizing about small states in world politics and Putnam’s two-level game. The latter facilitates the examination of how the Norwegian government must reconcile domestic and international priorities simultaneously, and how the negotiation of foreign policy is conducted as a balancing act in national and international arenas.
{"title":"Small States in World Politics: Norwegian Interests and Foreign Policy Challenges in the Arctic","authors":"Beate Steinveg","doi":"10.23865/arctic.v15.5125","DOIUrl":"https://doi.org/10.23865/arctic.v15.5125","url":null,"abstract":"Small states are perceived to be subject to the will of great powers in the international system. Yet, small states – such as Norway – also have interests they pursue through various means. This article features an inventory of the Norwegian government’s main foreign policy and Arctic policy interests, and examines the rationale behind these interests from a domestic and an international perspective. The article highlights Norway’s challenges in the Arctic, including balancing between Russia and NATO, Norway’s bilateral relationship with the United States, dealing with China as an emerging Arctic stakeholder, and Norway’s ambivalent relationship with the European Union concerning the Arctic. The analysis draws on theorizing about small states in world politics and Putnam’s two-level game. The latter facilitates the examination of how the Norwegian government must reconcile domestic and international priorities simultaneously, and how the negotiation of foreign policy is conducted as a balancing act in national and international arenas.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"62 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485723","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 : 2023-12-11DOI: 10.23865/arctic.v14.6057
Anita Rayegani
On 10 August 2023, representatives of the Inuvialuit Regional Corporation and the governments of the Northwest Territories, Yukon, and Canada signed the Western Arctic–Tariuq (Offshore) Accord.1 The Accord establishes a system for the shared management and regulation of offshore petroleum resources north of the Arctic Circle, west of Nunavut to the limit of Canada’s jurisdiction in the Beaufort Sea and Arctic Ocean and the equitable sharing of benefits. Upon the consent of all Parties, implementing legislation will be introduced to establish the Accord and will, among other things, amend or replace relevant federal legislation. The Accord is a step towards Canada’s implementation of the United Nations Declaration on the Rights of Indigenous Peoples.2 It is also part of a quest for meaningful participation dating back to the initial activities concerning oil and gas in the region that fuelled negotiations leading to the Inuvialuit Final Agreement. This contribution situates the Accord in the context of these developments to illuminate its potential significance.
{"title":"The Western Arctic – Tariuq (Offshore) Accord: A Long Time Coming","authors":"Anita Rayegani","doi":"10.23865/arctic.v14.6057","DOIUrl":"https://doi.org/10.23865/arctic.v14.6057","url":null,"abstract":"On 10 August 2023, representatives of the Inuvialuit Regional Corporation and the governments of the Northwest Territories, Yukon, and Canada signed the Western Arctic–Tariuq (Offshore) Accord.1 The Accord establishes a system for the shared management and regulation of offshore petroleum resources north of the Arctic Circle, west of Nunavut to the limit of Canada’s jurisdiction in the Beaufort Sea and Arctic Ocean and the equitable sharing of benefits. Upon the consent of all Parties, implementing legislation will be introduced to establish the Accord and will, among other things, amend or replace relevant federal legislation. The Accord is a step towards Canada’s implementation of the United Nations Declaration on the Rights of Indigenous Peoples.2 It is also part of a quest for meaningful participation dating back to the initial activities concerning oil and gas in the region that fuelled negotiations leading to the Inuvialuit Final Agreement. This contribution situates the Accord in the context of these developments to illuminate its potential significance.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"8 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138980225","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 : 2023-12-11DOI: 10.23865/arctic.v14.5090
Geir Tufte
This article compares regional policies in Norway to regional policies in Sweden. The article suggests that geographical and geopolitical factors are the main factors that have influenced regional policies. The article points out that the government in Sweden, immediately following WW2, also assumed the role of the active state. However, in contrast to Norway, its policies were disadvantageous to northern Sweden. Later, Swedish governments also implemented policies aimed at strengthening the economic and social conditions in the north. The article demonstrates that even bourgeois governments, who are traditionally ‘less-state-more-market’ oriented than social democratic governments, have used active state measures in their regional policies in Norway. The article points out that geographical and geopolitical factors represent interests that are shared by Norway’s centre and periphery and argues that these factors work as political guidelines that fundamentally influence the continuous use of active state policies by bourgeois governments. It concludes that this influence is stronger than bourgeois governments’ ideological foundations, Keynesian economics and the bureaucracy. Northern Sweden, in comparison, lacks the geographical and geopolitical factors of northern Norway, which explains why fewer active state measures have been used by governments in Sweden than in Norway.
{"title":"Why Active State Measures Have Dominated Regional Policies in Norway by Governments of all Colours: A Historical Review and Comparison with Sweden","authors":"Geir Tufte","doi":"10.23865/arctic.v14.5090","DOIUrl":"https://doi.org/10.23865/arctic.v14.5090","url":null,"abstract":"This article compares regional policies in Norway to regional policies in Sweden. The article suggests that geographical and geopolitical factors are the main factors that have influenced regional policies. The article points out that the government in Sweden, immediately following WW2, also assumed the role of the active state. However, in contrast to Norway, its policies were disadvantageous to northern Sweden. Later, Swedish governments also implemented policies aimed at strengthening the economic and social conditions in the north. The article demonstrates that even bourgeois governments, who are traditionally ‘less-state-more-market’ oriented than social democratic governments, have used active state measures in their regional policies in Norway. The article points out that geographical and geopolitical factors represent interests that are shared by Norway’s centre and periphery and argues that these factors work as political guidelines that fundamentally influence the continuous use of active state policies by bourgeois governments. It concludes that this influence is stronger than bourgeois governments’ ideological foundations, Keynesian economics and the bureaucracy. Northern Sweden, in comparison, lacks the geographical and geopolitical factors of northern Norway, which explains why fewer active state measures have been used by governments in Sweden than in Norway.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"2 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138980385","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 : 2023-12-04DOI: 10.23865/arctic.v14.5903
Jukka Similä, Henri Wallen
This paper assesses the extent to which the justice concerns of local stakeholders in the Arctic region of Finland are reflected in recent legal reforms. The reforms concern the Mining Act, the Act on a Mined Minerals Tax, the Nature Conservation Act, the Environmental Damages Fund, and the Act on the Sámi Parliament. The assessment is made from the perspectives of distributive, procedural, recognition, and intergenerational justice. We identified the justice concerns by conducting 21 interviews and a workshop, after which we analysed the legal reforms and discussed whether they reflected the justice concerns expressed by local stakeholders. We concluded that most of the justice concerns had been addressed, but only to a certain extent. Still, the most fundamental features of the governance of mining activities have not changed. By its very nature, the Finnish system of mineral ownership has remained a claim system, albeit not an entirely pure one. The reforms were not designed to limit the total volume of mining activities, and the mineral industry, backed by the EU and national policies, is likely to grow in the region. The most important legal change concerns the position of the municipal council. Today, a local land use plan is a precondition for granting a mining permit. The national Parliament did not approve a government proposal to reform the Sámi Parliament Act, which was a significant failure in recognition justice.
{"title":"Justice, Mining, and Legal Reforms in the Finnish Arctic","authors":"Jukka Similä, Henri Wallen","doi":"10.23865/arctic.v14.5903","DOIUrl":"https://doi.org/10.23865/arctic.v14.5903","url":null,"abstract":"This paper assesses the extent to which the justice concerns of local stakeholders in the Arctic region of Finland are reflected in recent legal reforms. The reforms concern the Mining Act, the Act on a Mined Minerals Tax, the Nature Conservation Act, the Environmental Damages Fund, and the Act on the Sámi Parliament. The assessment is made from the perspectives of distributive, procedural, recognition, and intergenerational justice. We identified the justice concerns by conducting 21 interviews and a workshop, after which we analysed the legal reforms and discussed whether they reflected the justice concerns expressed by local stakeholders. We concluded that most of the justice concerns had been addressed, but only to a certain extent. Still, the most fundamental features of the governance of mining activities have not changed. By its very nature, the Finnish system of mineral ownership has remained a claim system, albeit not an entirely pure one. The reforms were not designed to limit the total volume of mining activities, and the mineral industry, backed by the EU and national policies, is likely to grow in the region. The most important legal change concerns the position of the municipal council. Today, a local land use plan is a precondition for granting a mining permit. The national Parliament did not approve a government proposal to reform the Sámi Parliament Act, which was a significant failure in recognition justice.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"76 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604738","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 : 2023-12-04DOI: 10.23865/arctic.v14.6030
E. Zmyvalova
Since the beginning of Russia’s full-scale war in Ukraine, Arctic Review on Law and Politics has been publishing reports on the situation of Indigenous peoples of Russia, on the changes in Russian legislation, and on the lives of Indigenous individuals who have left Russia rather than comply with the political regime. This article contributes to the journal’s efforts to shed light on the challenges related to the war in Ukraine and covers the following topics: 1) the continuing changes in Russian legislation and their aggravating impact on Indigenous peoples of Russia; 2) the worsening problem of crime in Russia and it’s impact on the wellbeing of Indigenous peoples; and 3) international cooperation of Indigenous peoples of Russia.
{"title":"Nearly Two Years Since the Start of the Full-scale War in Ukraine: The Rights of Russia’s Indigenous Peoples Continue to Deteriorate","authors":"E. Zmyvalova","doi":"10.23865/arctic.v14.6030","DOIUrl":"https://doi.org/10.23865/arctic.v14.6030","url":null,"abstract":"Since the beginning of Russia’s full-scale war in Ukraine, Arctic Review on Law and Politics has been publishing reports on the situation of Indigenous peoples of Russia, on the changes in Russian legislation, and on the lives of Indigenous individuals who have left Russia rather than comply with the political regime. This article contributes to the journal’s efforts to shed light on the challenges related to the war in Ukraine and covers the following topics: 1) the continuing changes in Russian legislation and their aggravating impact on Indigenous peoples of Russia; 2) the worsening problem of crime in Russia and it’s impact on the wellbeing of Indigenous peoples; and 3) international cooperation of Indigenous peoples of Russia.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"27 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601628","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 : 2023-10-11DOI: 10.23865/arctic.v14.5809
Iiris Tuominen, Rosa Ballardini, Jukka Mähönen, Taina Pihlajarinne
This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities.
{"title":"Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures - the case of Sámi Culture","authors":"Iiris Tuominen, Rosa Ballardini, Jukka Mähönen, Taina Pihlajarinne","doi":"10.23865/arctic.v14.5809","DOIUrl":"https://doi.org/10.23865/arctic.v14.5809","url":null,"abstract":"This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities.","PeriodicalId":36694,"journal":{"name":"Arctic Review on Law and Politics","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136209721","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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