Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms
While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdicti...
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crbrillap:10.1163/22116427_011010013 2024-04-07T07:55:44+00:00 Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms Tsiouvalas, Apostolos 2020 http://dx.doi.org/10.1163/22116427_011010013 https://brill.com/view/journals/yplo/11/1/article-p245_13.xml https://brill.com/downloadpdf/journals/yplo/11/1/article-p245_13.xml unknown Brill The Yearbook of Polar Law Online volume 11, issue 1, page 245-272 ISSN 1876-8814 2211-6427 journal-article 2020 crbrillap https://doi.org/10.1163/22116427_011010013 2024-03-08T00:28:08Z While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants. Article in Journal/Newspaper sami Yearbook of Polar Law Troms Brill Norway The Yearbook of Polar Law Online 11 1 245 272 |
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While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants. |
format |
Article in Journal/Newspaper |
author |
Tsiouvalas, Apostolos |
spellingShingle |
Tsiouvalas, Apostolos Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
author_facet |
Tsiouvalas, Apostolos |
author_sort |
Tsiouvalas, Apostolos |
title |
Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
title_short |
Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
title_full |
Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
title_fullStr |
Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
title_full_unstemmed |
Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms |
title_sort |
mare nullius or mare suum? using ethnography to debate rights to marine resources in coastal sámi communities of troms |
publisher |
Brill |
publishDate |
2020 |
url |
http://dx.doi.org/10.1163/22116427_011010013 https://brill.com/view/journals/yplo/11/1/article-p245_13.xml https://brill.com/downloadpdf/journals/yplo/11/1/article-p245_13.xml |
geographic |
Norway |
geographic_facet |
Norway |
genre |
sami Yearbook of Polar Law Troms |
genre_facet |
sami Yearbook of Polar Law Troms |
op_source |
The Yearbook of Polar Law Online volume 11, issue 1, page 245-272 ISSN 1876-8814 2211-6427 |
op_doi |
https://doi.org/10.1163/22116427_011010013 |
container_title |
The Yearbook of Polar Law Online |
container_volume |
11 |
container_issue |
1 |
container_start_page |
245 |
op_container_end_page |
272 |
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1795673139004309504 |