This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.
Table of Contents
Part I Introducing and Contrasting: Introduction, Christina Allard and Susann Funderud Skogvang; Themes and reflections: a perspective from Canada, Nigel Bankes; A comparative gaze with Aotearoa New Zealand, Jacinta Ruru. Part II The Legal Situation for the Sami: Sami law in late modern legal contexts, Kjell Å. Modéer; Some characteristic features of Scandinavian laws and their influence on Sami matters, Christina Allard; Reforming Swedish Sami legislation: a survey of the arguments, Bertil Bengtsson; Sami reindeer herders’ herding rights in Norway from the nineteenth century to the present day, Kirsti Strøm Bull; The Swedish state’s legacy of Sami rights codified in 1886, Johan Strömgren; Sami hunting and fishing rights in Swedish law, Eivind Torp; Local community right to fish: a Sami perspective, Susann Funderud Skogvang; The legal organization of Sami reindeer herding and the role of the siida, Kristina Labba; The definition of a Sami person in Finland and its application, Tanja Joona; To what extent can indigenous territories be expropriated?, Mattias Åhrén; The rapidly evolving international status of indigenous peoples: the example of the Sami people in Finland, Leena Heinämäki. Part III Sami Law as a Knowledge Field: Sami legal scholarship: the making of a knowledge field, Eva-Maria Svensson. Index.
Christina Allard is Associate Professor at Lulea University of Technology, Sweden, and Associate Professor II at the Faculty of Law, UiT The Arctic University of Norway.
Susann Funderud Skogvang is Professor/Appeal Court Judge at Hålogaland Appeal Court.
’This book sets the standard for scholarship on Sami issues. It reveals what has long been hidden from English readers. The breadth of these chapters is impressive; nuances and subtleties are well-contextualized to readily enhance understanding of this field.’ John Borrows, University of Victoria, Canada ’This book provides a ground-breaking overview of the intersection of law, politics, morality, history and the Sami people. Helping to forge Sami Law as a distinct subject of inquiry, this thought-provoking collection draws from the expertise, experiences and novel insights of a diverse group of scholars.’ S. James Anaya, The University of Arizona, USA, and Former United Nations Special Rapporteur on the Rights of Indigenous Peoples ’Throughout the world, Indigenous Peoples have been confronted with exported European concepts of state sovereignty and land rights. Indigenous Rights in Scandinavia: Autonomous Sami Law explores how the legal claims of an indigenous people are treated within Europe. This book is therefore an invaluable contribution not only to scholars interested in indigenous peoples, but for anybody interested in European ideas of law and justice.’ René Kuppe, University of Vienna, Austria