Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty)
The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express...
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crbrillap:10.1163/22116427_010010004 2023-05-15T18:06:15+02:00 Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) Albanesi, Enrico 2019 http://dx.doi.org/10.1163/22116427_010010004 https://brill.com/view/journals/yplo/10/1/article-p21_4.xml unknown Brill The Yearbook of Polar Law Online volume 10, issue 1, page 21-40 ISSN 1876-8814 2211-6427 journal-article 2019 crbrillap https://doi.org/10.1163/22116427_010010004 2022-12-11T12:47:25Z The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples. Article in Journal/Newspaper reindeer husbandry Sámi Yearbook of Polar Law Brill (via Crossref) The Yearbook of Polar Law Online 10 1 21 40 |
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The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples. |
format |
Article in Journal/Newspaper |
author |
Albanesi, Enrico |
spellingShingle |
Albanesi, Enrico Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
author_facet |
Albanesi, Enrico |
author_sort |
Albanesi, Enrico |
title |
Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
title_short |
Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
title_full |
Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
title_fullStr |
Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
title_full_unstemmed |
Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty) |
title_sort |
sámi’s reindeer husbandry and eu legislation (beyond finland and sweden’s accession treaty) |
publisher |
Brill |
publishDate |
2019 |
url |
http://dx.doi.org/10.1163/22116427_010010004 https://brill.com/view/journals/yplo/10/1/article-p21_4.xml |
genre |
reindeer husbandry Sámi Yearbook of Polar Law |
genre_facet |
reindeer husbandry Sámi Yearbook of Polar Law |
op_source |
The Yearbook of Polar Law Online volume 10, issue 1, page 21-40 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/22116427_010010004 |
container_title |
The Yearbook of Polar Law Online |
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10 |
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1 |
container_start_page |
21 |
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40 |
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1766177840603070464 |