The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts
Although the standard of consulting Indigenous peoples in decisions affecting them is well rooted internationally as well as in national legal systems, different views and patterns of problems are associated with the concept and its practice. This paper briefly analyses and contrasts the duty to con...
Published in: | Arctic Review on Law and Politics |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | English Norwegian |
Published: |
Cappelen Damm Akademisk NOASP
2018
|
Subjects: | |
Online Access: | https://doi.org/10.23865/arctic.v9.729 https://doaj.org/article/ec852a1bd435466196f2d74d4f56ade1 |
id |
ftdoajarticles:oai:doaj.org/article:ec852a1bd435466196f2d74d4f56ade1 |
---|---|
record_format |
openpolar |
spelling |
ftdoajarticles:oai:doaj.org/article:ec852a1bd435466196f2d74d4f56ade1 2023-05-15T14:21:33+02:00 The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts Christina Allard 2018-02-01T00:00:00Z https://doi.org/10.23865/arctic.v9.729 https://doaj.org/article/ec852a1bd435466196f2d74d4f56ade1 EN NO eng nor Cappelen Damm Akademisk NOASP https://arcticreview.no/index.php/arctic/article/view/729/2316 https://doaj.org/toc/2387-4562 2387-4562 doi:10.23865/arctic.v9.729 https://doaj.org/article/ec852a1bd435466196f2d74d4f56ade1 Arctic Review on Law and Politics, Vol 9, Iss 0, Pp 25-43 (2018) consultation participation Indigenous rights Sami rights Aboriginal rights Nordic law Canadian law Law K article 2018 ftdoajarticles https://doi.org/10.23865/arctic.v9.729 2022-12-30T23:01:52Z Although the standard of consulting Indigenous peoples in decisions affecting them is well rooted internationally as well as in national legal systems, different views and patterns of problems are associated with the concept and its practice. This paper briefly analyses and contrasts the duty to consult Indigenous peoples through a comparison of the three Nordic countries Norway, Finland and Sweden, and Canada. Based on domestic legal sources, the focus of the paper is to explore the legal foundation that has given rise to the specific set of rules for the duty to consult, that is, the rationale behind the evolving of the rules. The first finding is that the rules differ among the three Nordic countries, with Sweden being the only country that lacks specific rules. Secondly, whereas Canada has developed its own duty to consult primarily through domestic case law, in the Nordic countries, duty to consult is related to international law obligations. Consultation duties that have evolved from domestic law may be easier to accept than “foreign” regulations imposed on national legal systems. This could explain the reluctance among the Nordic States to accept specific consultations with the Sami Parliament and other Sami groups, particularly in Sweden. Article in Journal/Newspaper Arctic Arctic review on law and politics sami Directory of Open Access Journals: DOAJ Articles Canada Norway Arctic Review on Law and Politics 9 0 |
institution |
Open Polar |
collection |
Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English Norwegian |
topic |
consultation participation Indigenous rights Sami rights Aboriginal rights Nordic law Canadian law Law K |
spellingShingle |
consultation participation Indigenous rights Sami rights Aboriginal rights Nordic law Canadian law Law K Christina Allard The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
topic_facet |
consultation participation Indigenous rights Sami rights Aboriginal rights Nordic law Canadian law Law K |
description |
Although the standard of consulting Indigenous peoples in decisions affecting them is well rooted internationally as well as in national legal systems, different views and patterns of problems are associated with the concept and its practice. This paper briefly analyses and contrasts the duty to consult Indigenous peoples through a comparison of the three Nordic countries Norway, Finland and Sweden, and Canada. Based on domestic legal sources, the focus of the paper is to explore the legal foundation that has given rise to the specific set of rules for the duty to consult, that is, the rationale behind the evolving of the rules. The first finding is that the rules differ among the three Nordic countries, with Sweden being the only country that lacks specific rules. Secondly, whereas Canada has developed its own duty to consult primarily through domestic case law, in the Nordic countries, duty to consult is related to international law obligations. Consultation duties that have evolved from domestic law may be easier to accept than “foreign” regulations imposed on national legal systems. This could explain the reluctance among the Nordic States to accept specific consultations with the Sami Parliament and other Sami groups, particularly in Sweden. |
format |
Article in Journal/Newspaper |
author |
Christina Allard |
author_facet |
Christina Allard |
author_sort |
Christina Allard |
title |
The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
title_short |
The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
title_full |
The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
title_fullStr |
The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
title_full_unstemmed |
The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts |
title_sort |
rationale for the duty to consult indigenous peoples: comparative reflections from nordic and canadian legal contexts |
publisher |
Cappelen Damm Akademisk NOASP |
publishDate |
2018 |
url |
https://doi.org/10.23865/arctic.v9.729 https://doaj.org/article/ec852a1bd435466196f2d74d4f56ade1 |
geographic |
Canada Norway |
geographic_facet |
Canada Norway |
genre |
Arctic Arctic review on law and politics sami |
genre_facet |
Arctic Arctic review on law and politics sami |
op_source |
Arctic Review on Law and Politics, Vol 9, Iss 0, Pp 25-43 (2018) |
op_relation |
https://arcticreview.no/index.php/arctic/article/view/729/2316 https://doaj.org/toc/2387-4562 2387-4562 doi:10.23865/arctic.v9.729 https://doaj.org/article/ec852a1bd435466196f2d74d4f56ade1 |
op_doi |
https://doi.org/10.23865/arctic.v9.729 |
container_title |
Arctic Review on Law and Politics |
container_volume |
9 |
container_issue |
0 |
_version_ |
1766294248351596544 |