Suchergebnisse

On 23 January 2020, the Supreme Court of Sweden delivered an historic verdict in favour of the Girjas sameby in a lawsuit against the Swedish State over a long-standing dispute over the right to administer hunting and fishing rights in the Girjas land management area. Rooted in Sámi customary law, ILO Convention 169 and the UN Declaration of Indigenous Peoples, the verdict is a milestone in the development of Sámi law in Sweden. It may also have an impact on the other Nordic countries, in particular Norway.

For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community's small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community's exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is "clear and definitive". These conditions were not met in this case.

The year 2019 was "the international year of the salmon" (IYS). The overarching aim was "to inform and stimulate outreach and research that aspires to establish the conditions necessary to ensure the resilience of salmon and people throughout the Northern Hemisphere;" further, to bring people together, share and develop knowledge, raise awareness and take action. This article is intended as a contribution to this goal. The article discusses how international law: the Law of the Sea Convention, the Convention on Biological Diversity and the Convention for the Conservation of Salmon in the North Atlantic Ocean relate to conservation and management of wild salmon. The article has a special focus on bilateral cooperation on salmon stocks in boundary/transboundary rivers, and using as a case study the Tana river in Norway and Finland.