Land Claim Agreements in Arctic Canada in Light of International Human Rights Norms

• Published in: The Yearbook of Polar Law Online
• Main Author: Bankes, Nigel
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2009
• Subjects: Arctic; Canada; Yearbook of Polar Law
• Online Access: http://dx.doi.org/10.1163/22116427-91000012; https://brill.com/view/journals/yplo/1/1/article-p175_12.xml; https://data.brill.com/files/journals/22116427_001_01_S12_text.pdf

Abstract This article examines land claim agreements in Arctic Canada in light of international human rights norms, in particular the ICCPR, the CERD Convention, ILO 169 and the Inter-American human rights instruments and practice. The paper concludes that some of the provisions of land claim agreements are inconsistent with these norms. The paper also argues that land claim agreements should be based on the legal duty to recognise, delimit and title traditional occupation lands.