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List of contents
Introduction
Nigel Bankes and Timo Koivurova
PART ONE: DOCTRINAL AND THEORETICAL FRAMEWORKS
1. Recognising the Property Interests of Indigenous Peoples within Settler Societies: Some Different Conceptual Approaches
Nigel Bankes
2. Acknowledging and Accommodating Legal Pluralism: An Application to the Draft Nordic Saami Convention
Jonnette Watson Hamilton
3. The Public-Law Dimension of Indigenous Property Rights
Jeremy Webber
PART TWO: THE PUBLIC INTERNATIONAL LAW DIMENSIONS OF THE DRAFT NORDIC SAAMI CONVENTION
4. Can Saami Transnational Indigenous Peoples Exercise Their Self-Determination in a World of Sovereign States?
Timo Koivurova
5. The Nordic Saami Convention: The Right of a People to Control Issues of Importance to Them
Leena Heinämäki
6. Cross-Border Reindeer Husbandry: Between Ancient Usage Rights and State Sovereignty
Else Grete Broderstad
PART THREE: SAAMI LAND AND REINDEER-GRAZING RIGHTS IN THE THREE NORDIC STATES
7. The Draft Nordic Saami Convention and the Assessment of Evidence of Saami Use of Land
Øyvind Ravna
8. Who Holds the Reindeer-herding Right in Sweden? A Key Issue in Legislation
Christina Allard
9. The Draft Nordic Saami Convention and the Indigenous Population in Finland
Juha Joona
10. The Subjects of the Draft Nordic Saami Convention
Tanja Joona
11. On Customary Law Among the Saami People
Elina Helander-Renvall
PART FOUR: THE RECOGNITION OF INDIGENOUS LAND RIGHTS IN OTHER JURISDICTIONS
12. The Achuar People in Ecuador: Towards Territorial and Political Autonomy
Verónica Potes
13. The Australian Approach to Recognising the Land Rights of Indigenous Peoples: The Native Title Act 1993 (Cth)
Sharon Mascher
14. The Forms of Recognition of Indigenous Property Rights in Settler States: Modern Land Claim Agreements
in Canada
Nigel Bankes
15. The Nordic Saami Convention and the Rights of Saami Women: Lessons from Canada
Jennifer Koshan
Conclusion
Nigel Bankes and Timo Koivurova
About the author
Nigel Bankes is a Professor of Law at the University of Calgary, Alberta, Canada where he holds the chair in natural resources law.Timo Koivurova is Director and a Research Professor of the Arctic Centre at the University of Lapland, Finland.
Summary
This collection of essays explores the national and international dimensions of the draft text of the Nordic Saami Convention which recognises the Saami as one people divided by international boundaries.
Additional text
Overall, the collection delivers what it promises: a consideration of the convention within an international and comparative law perspective. The various contributions provide the reader with a useful and timely reference work on the draft convention as well as insightful analyses of some of its key substantive provisions...For those who teach indigenous legal issues in a Canadian context, it provides a useful comparative tool that relativizes the issue of “race” and provides a broader perspective for considering colonization and indigenous claims in Canada.