This article deals with the duty to consult indigenous peoples and the obligation to involve these peoples in decision-making processes in matters that concern them. After a general review of international legislation and obligations, particularly the ILO Convention no. 169 on Indigenous and Tribal Peoples, the article focuses on how these obligations are implemented towards the indigenous Sámi in Norwegian law. Here, the consultation agreement from 2005 and the Sámi Rights Committee's 2007 draft are still central. The review includes an analysis of the extent to which these duties meet international law requirements, and a deliberation on the concept of free, prior and informed consent.
The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities' own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.
This article discusses how the war in Ukraine, started by Russia, impacts the lives of Russian Indigenous small-numbered peoples. First, one can observe Russia's growing disregard for its international legal obligations. Second, the Russian State is continuously introducing new sanctions against persons and organizations who do not support the Russian regime. Third, the pressure on Indigenous peoples' representatives is increasing. Fourth, a significant number of members of Indigenous small-numbered peoples actively participate in the war due to, inter alia, socio-economic problems and lack of reliable and objective information about it. Fifth, there is a decline in international cooperation with the Indigenous small-numbered peoples of Russia. Finally, it is visible that the role of Indigenous peoples, including Russian Indigenous peoples, in international decision-making changes.
Discusses what problems were present in the world economy on a macro and a micro level, how it resulted in the financial crisis and how the authorities were trying to intervene in order to stabilize the situation. On the macroeconomic level Americans bought cheep Asian goods while printing a lot of money, but inflation was kept at bay since the money was sent to Asia. The circle was complete when Americans lent the money back from Asia and speculated with it. On the microeconomic level structured investment vehicles (SIVs) and asset backed commercial paper (ABCP) created problems especially when they were combined with collateralized debt obligations (CDOs) and mortgage-backed securities (MBS). The boom turned into bust after 2006 when there were not enough house buyers left. L. Pitkaniemi
This article presents the opinion that American exceptionalism has returned post 9/11. It is argued that Ronald Reagan's international relations during the cold war displayed the attitude that power is more important than intellectual, factual, historical, ideological, or moral obligations. The uses of power employed by Americans in international conflicts are compared to the uses of power employed by empires of the past. A historical exploration is included of the development of exceptionalist attitudes from the founding of the US in the 1700's, throughout the continual expansions of the 1800's and into the industrial and military power of the 1900's. It is further argued that American traditions during the early 1900's border on messianism, where the American people are the chosen people, and that Reaganism was a natural extension of these traditions, whereas post Reagan there was no need for American messianism or exceptionalism, and thus American Presidents sought a new world order where the US would participate in integrated global economics and politics in cooperation with other nations. George W. Bush's politics post 9/11 with its war on terror marked the return of American exceptionalism. E. Sundby
In a world marked by surging international conflicts, labour market globalisation, ever-widening economic inequities, steady improvement in the flow of information, and increasing possibilities for mobility over greater distances, the number of migrants on a worldwide basis is hardly likely to decrease in coming years. Immigration regulations are devised within a confluence of national interests, international laws, and attention to migrants' individual rights. The tension between these disparate considerations begs the question: How can we best safeguard both universal rights issues and European economic integration, as well as the Norwegian state's obligation, vis-à-vis the distribution of benefits, to its own citizens. We are moving into extremely complex ethical and legal territory, where there are no easy answers. In this book, the author puts Norway's immigration policy under a moral-philosophical loupe for a thorough analysis of various answers to key questions in the Norwegian immigration debate.
This book is aimed at anyone interested in immigration policy issues, but especially persons working professionally in the field, such as political philosophers, politicians, lawyers, case managers and political scientists. - I en verden der internasjonale konflikter stadig blusser opp, arbeidsmarkedet globaliseres, økonomiske ulikheter blir stadig større, informasjonsflyten kontinuerlig forbedres og mulighetene for å forflytte seg over store avstander er gode, vil antallet migranter på verdensbasis ikke bli lavere i årene som kommer. Innvandringsregulering finner sted i spenningen mellom statlige interesser, internasjonal rett og hensynet til migranters individuelle rettigheter. I lys av disse spenningene må vi stille spørsmålet om hvordan vi best mulig kan ivareta både universelle rettighetshensyn og europeisk økonomisk integrasjon, samt den norske stats forpliktelse overfor egne innbyggere i fordeling av goder. Vi beveger oss inn i et etisk og juridisk felt med stor kompleksitet, hvor ingen enkle svar er gitt. I denne boken legger forfatteren norsk innvandringspolitikk under en moralfilosofisk lupe, og drøfter grundig ulike svar på en rekke sentrale spørsmål i norsk innvandringsdebatt.
Boken retter seg mot alle med interesse for innvandringspolitiske spørsmål, men særskilt personer som arbeider profesjonelt innenfor feltet, slik som politiske filosofer, politikere, jurister, saksbehandlere og statsvitere.