Ronald Dworkin: Justice for Hedgehogs, Amartya Sen: The Idea of Justice
In: Nytt norsk tidsskrift, Band 29, Heft 2, S. 200-208
ISSN: 1504-3053
In: Nytt norsk tidsskrift, Band 29, Heft 2, S. 200-208
ISSN: 1504-3053
In: Internasjonal politikk, Band 66, Heft 1, S. 229-235
ISSN: 0020-577X
In: Internasjonal politikk, Band 72, Heft 1, S. 113-124
ISSN: 0020-577X
In: Internasjonal politikk, Band 60, Heft 1, S. 3-26
ISSN: 0020-577X
In: Arctic review on law and politics, Band 11, S. 310-333
ISSN: 2387-4562
This contribution is an analysis of how the rights of the Sámi to engage in reindeer husbandry are guaranteed in the green transition to renewable energy in Sweden. Consideration of the increasing number of court decisions addressing the impacts of wind energy on reindeer husbandry in Sweden raises significant questions about the fairness of the transition to sustainable development. The purpose of this analysis is to examine the impacts of wind energy on reindeer husbandry and uncover the justice issues raised by this development. Drawing on the discourse of just transition that includes distributional, procedural and recognition considerations, this analysis more specifically examines the distributive effects of the development of wind energy on reindeer husbandry and identifies how Sámi reindeer herders are included and their status and human rights as an Indigenous people recognised within this process. On this basis, the conclusion from this study is that systemic reforms of the Swedish system that take due consideration of the human rights of the Sámi as an Indigenous people must be implemented in order to ensure a transition to sustainable development that equally benefits Sámi reindeer herders and can therefore provide justice for all.
In: Arctic review on law and politics, Band 11, S. 215-232
ISSN: 2387-4562
Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.
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.
In: Internasjonal politikk, Band 71, Heft 1, S. 59-84
ISSN: 0020-577X
In: Internasjonal politikk, Band 66, Heft 2-3, S. 383-402
ISSN: 0020-577X
This article summarizes Barack Obama's foreign policy during his short political career and labels his foreign policy as a mix of expansionism, realism, and institutionalism. A brief biography of Barack Obama is included to address Obama's views of the global community and history. Obama's views on Iraq, the war against terrorism, Iran, the UN, NATO, nuclear weapons, and climate change are examined. It is argued that Obama will be limited by circumstances in his ability to conduct foreign policy according to his convictions. Four examples are provided to illustrate actions desired by Obama but limited by circumstance, including a reform of the UN security council, nuclear disarmament, ratification of the US agreement with the International Court of Justice, and prevention of humanitarian disasters. It is suggested that Obama may prove to have individual strengths, including extraordinary powers of persuasion and inspiration, to overcome limitations and make a mark on history. The author speculates whether Obama's overall foreign policy objective will be peace or moral perfection. References. E. Sundby
In: Internasjonal politikk, Band 64, Heft 2, S. 147-172
ISSN: 0020-577X
In: Arctic review on law and politics, Band 13, S. 160-170
ISSN: 2387-4562
On June 29, 2021, the BC Supreme Court issued the verdict of the Yahey v. British Columbia litigation (S151727). For the first time in Canadian legal history, a First Nation Band (BRFN – BlueBerry River First Nation) sued a provincial Government for the cumulative effects of industrial development intertwined with Treaty 8 infringements. The proceeding lasted for six years (2015–2021), with more than 160 days of trials and dozens of hours of affidavits sworn, and it resulted in a ground-breaking verdict. The Court recognised that in authorising industrial development, the Province had been unable to consider and deal with the cumulative impacts that projects had on the traditional lifestyle of BRFN members, besides breaching its obligation to BRFN under Treaty 8.
This comment argues that by recognising that the Province cannot continue to authorise activities that breach Treaty 8 and Section 35 of the 1982 Constitution, the verdict may pave the way to a real implementation of the FPIC (Free, Prior and Informed Consent) in the BC legal framework. The ruling provides that the BC Government and the Band engage in meaningful consultation and negotiation to enforce mechanisms to assess and manage cumulative effects on the BRFN traditional territory. The parties were given six months to negotiate based on the litigation outcomes. On October 7, 2021, a preliminary agreement between the BRFN and the BC Province was signed. Important issues had been addressed throughout the trial. From confidentiality and the duty to consult in good faith to the constitutionality of Court hearing fees and the possibility to obtain other kinds of injunctions until the trial; the outcomes of this litigation may well be considered as a milestone to advance the Canadian legal framework, further recognising essential rights of Canadian Indigenous peoples in terms of Constitutional, social, and environmental justice.
In: Internasjonal politikk, Band 66, Heft 1, S. 35-64
ISSN: 0020-577X