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The Proposed Nordic Saami Convention

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Edited by: Nigel Bankes, Timo Koivurova

ISBN13: 9781849462723
Published: January 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £57.99



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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 can 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 the 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.

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Subjects:
European Jurisdictions, Sweden
Contents:
Introduction Nigel Bankes and Timo Koivurova
PART ONE: DOCTRINAL AND THEORETICAL FRAMEWORKS
1. Recognising the Property Interests of Indigenous Peoples within Settler Societies: Some Different Conceptual Approaches Nigel Bankes
2. Acknowledging and Accommodating Legal Pluralism: An Application to the Draft Nordic Saami Convention Jonnette Watson Hamilton
3. The Public-Law Dimension of Indigenous Property Rights Jeremy Webber
PART TWO: THE PUBLIC INTERNATIONAL LAW DIMENSIONS OF THE DRAFT NORDIC SAAMI CONVENTION
4. Can Saami Transnational Indigenous Peoples Exercise Their Self-Determination in a World of Sovereign States? Timo Koivurova
5. The Nordic Saami Convention: The Right of a People to Control Issues of Importance to Them Leena Heinamaki
6. Cross-Border Reindeer Husbandry: Between Ancient Usage Rights and State Sovereignty Else Grete Broderstad
PART THREE: SAAMI LAND AND REINDEER-GRAZING RIGHTS IN THE THREE NORDIC STATES
7. The Draft Nordic Saami Convention and the Assessment of Evidence of Saami Use of Land Oyvind Ravna
8. Who Holds the Reindeer-herding Right in Sweden? A Key Issue in Legislation Christina Allard
9. The Draft Nordic Saami Convention and the Indigenous Population in Finland Juha Joona
10. The Subjects of the Draft Nordic Saami Convention Tanja Joona
11. On Customary Law Among the Saami People Elina Helander-Renvall
PART FOUR: THE RECOGNITION OF INDIGENOUS LAND RIGHTS IN OTHER JURISDICTIONS
12. The Achuar People in Ecuador: Towards Territorial and Political Autonomy Veronica Potes
13. The Australian Approach to Recognising the Land Rights of Indigenous Peoples: The Native Title Act 1993 (Cth) Sharon Mascher
14. The Forms of Recognition of Indigenous Property Rights in Settler States: Modern Land Claim Agreements in Canada Nigel Bankes
15. The Nordic Saami Convention and the Rights of Saami Women: Lessons from Canada Jennifer Koshan
Conclusion Nigel Bankes and Timo Koivurova