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ISKA nyheter og meninger: Internasjonalen for Stats- og Kommunalansattes blad
ISSN: 0308-3179
Law at the turn of the 20th century: international conference Thessaloniki 1993
«Law in books» er ikke nødvendigvis «law in practice»
In: Tidsskriftet Norges barnevern, Band 98, Heft 3, S. 162-163
ISSN: 1891-1838
Norwegian Courts and Sámi Law
In: Arctic review on law and politics, Band 12, S. 179-185
ISSN: 2387-4562
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).
The Duty to Consult the Sámi in Norwegian Law
In: Arctic review on law and politics, Band 11, S. 233-255
ISSN: 2387-4562
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.
From Arctic Science to International Law: The Road towards the Minamata Convention and the Role of the Arctic Council
In: Arctic review on law and politics, Band 9, S. 226-243
ISSN: 2387-4562
The Minamata Convention, which entered into force on 16 August 2017, is a global, legally binding instrument on mercury. The initiative on the Minamata Convention was mainly driven by research showing negative effects on human health and the environment in the Arctic. The Arctic Council, an intergovernmental forum promoting cooperation on Arctic issues, and its Working Group, AMAP, played an important role in the process leading up to international negotiations on the Minamata Convention. This paper elucidates the evolutionary process in which scientific knowledge, herded by an intergovernmental, regional forum, is involved and forms the basis for a legally binding agreement. The paper provides new insight on multilevel governance of the mercury issue and unravels the role that AMAP has played in this dynamic process.
European law in an era of crisis
In: Deutsch-Norwegisches Forum des Rechts Bd. 8