Provisions of the agreement cover such matters as Inuit eligibility & enrolment, land & non-renewable resources, water management & water rights, ocean management, economic development, projects in the Voisey's Bay area, national parks & protected areas, land use planning, environmental assessment, wildlife & plants, fisheries, archaeology & other cultural resources, place names, self-government, fiscal financing agreements, capital transfers, taxation, dispute resolution, and ratification & implementation of the agreement.
On January 22, 2005, Inuit from communities throughout northern and central Labrador gathered in a school gymnasium to witness the signing of the Labrador Inuit Land Claim Agreement and to celebrate the long-awaited creation of their own regional self-government of Nunatsiavut. This historic agreement defined the Labrador Inuit settlement area, beneficiary enrollment criteria, and Inuit governance and ownership rights. Settlement, Subsistence, and Change Among the Labrador Inuit explores how these boundaries—around land, around people, and around the right to self-govern—reflect the complex history of the region, of Labrador Inuit identity, and the role of migration and settlement patterns in regional politics. Comprised of twelve essays, the book examines the way of life and cultural survival of this unique indigenous population, including: household structure, social economy of wildfood production, forced relocations and land claims, subsistence and settlement patterns, and contemporary issues around climate change, urban planning, and self-government.
Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Powerful, innovative Indigenous self-governance regimes are increasingly important players in Canadian politics, but little academic work has been done on their structure, operation, and effectiveness. "We Are In Charge Here" examines the central institution of the most populous Indigenous self-governance regime in Canada, the elected Assembly of the Nunatsiavut Government. Nunatsiavut – "our beautiful land" in Inuktitut – was established in 2006 by a modern treaty between the Labrador Inuit and the Canadian state. Graham White offers a thorough observation of the Assembly, based on interviews with Assembly members and others involved in Nunatsiavut politics, observation of Assembly sessions, and a review of official documents, in order to provide a comprehensive picture of the Assembly, its members, and its operations. The book examines the Assembly’s effectiveness in performing traditional legislative functions such as representation, policy making, and accountability. It addresses key concerns including executive-legislative power relations, Inuit influence on Assembly operations, and the Assembly’s role in realizing self-government. Illuminating the intersection of Indigenous self-governance approaches and Western institutions, "We Are In Charge Here" will be of interest to political leaders, legislative officials, and academics concerned with the design and on-the-ground functioning of Indigenous self-government.
This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
On Thin Ice explores the shifting relationship between the Inuit and the modern state in the North American Arctic, and it pays tribute to pioneering IR theorist Ken Waltz's elucidation of the "Three Images," with the addition of a new "Fourth Image" to describe a tribal level...
