Suchergebnisse

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.

For decades, Norway has been viewed as a role model when it comes to safeguarding Sámi rights as an Indigenous people in the Nordic Countries. Among other reasons, this is because Norway is the only country with a Sámi population that has ratified ILO Convention No. 169. Also, Norway has adopted a particular land law where one of the purposes is to survey Sámi rights to land and water. It is also said that Norway has worked actively to ensure adoption of the 2007 UN Declaration on the Rights of Indigenous Peoples. Norway has gained international recognition for this work, among others from former UN Special Rapporteur on the Rights of Indigenous People James Anaya, who in his report on the situation of the Sámi people in Norway, Sweden and Finland, stated that Norway, since passing the Finnmark Act 2005, has set an important example for the other Nordic countries (para 44).

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 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have not materialized, the NSR's annual turnover has grown beyond the old records set by the USSR. While the Russian authorities have struggled to find the most optimal means of development of the NSR, the latter has recently been re-marketed as a Polar Silk Road, part of the grand Chinese One Belt One Road initiative. While Russia has been rebuilding its military presence in the Arctic, the French Navy vessel BSAH Rhone unexpectedly navigated through the NSR, inciting strong political, but yet not legal, response. The present article aims to take stock of the last decade, paying primary attention to the Russian State practice in developing, adopting, and enforcing legislation in the NSR. By describing the current status and identifying some of the regulatory trends, the article will draw cautious predictions on the role of the law of the sea in the management of the NSR in the near future.

The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion of ocean connectivity from a marine science perspective, before taking a closer look at the extent to which the law of the sea incorporates the scientific imperative of ocean connectivity in the context of four examples: (i) straits, (ii) climate change and ocean acidification, (iii) salmon and (iv) the ecosystem approach to fisheries. Tying the findings of the different examples together, this study concludes by stressing the need of accommodating ocean connectivity not only in the interpretation and implementation of the existing law (of the sea) but also in its further development.