The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea
In the context of increasing duties to protect and preserve marine biodiversity, and of gaining importance of indigenous rights, this thesis discusses how international law recognizes the rights of indigenous peoples to harvest marine mammals. It takes on both the perspective from a human rights law...
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UiT Norges arktiske universitet
2015
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Online Access: | https://hdl.handle.net/10037/8468 |
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ftunivtroemsoe:oai:munin.uit.no:10037/8468 2023-05-15T15:07:41+02:00 The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea Woker, Hilde 2015-09-01 https://hdl.handle.net/10037/8468 eng eng UiT Norges arktiske universitet UiT The Arctic University of Norway https://hdl.handle.net/10037/8468 URN:NBN:no-uit_munin_8034 openAccess Copyright 2015 The Author(s) VDP::Social science: 200::Law: 340::International law: 344 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Folkerett: 344 Law of the Sea JUR-3910 Master thesis Mastergradsoppgave 2015 ftunivtroemsoe 2021-06-25T17:54:34Z In the context of increasing duties to protect and preserve marine biodiversity, and of gaining importance of indigenous rights, this thesis discusses how international law recognizes the rights of indigenous peoples to harvest marine mammals. It takes on both the perspective from a human rights lawyer, as that of a law of the sea scholar. The human rights law perspective is based on the right to self-determination enshrined in the ICCPR and the ICESCR, and the right to culture, as reflected in Article 27 of the ICCPR and general international law. Through the eyes of the law of the sea scholar, indigenous peoples are entitled to harvest marine mammals based on the aboriginal subsistence whaling exemption in the ICRW system, and the “local people” exception to the polar bear hunt prohibition in the Polar Bear Agreement. Although both fields of law recognize an indigenous people’s right to harvest marine mammals, they differ in scope and application. This thesis argues that these two bodies of international law should be used and interpreted complementary to each other. Master Thesis Arctic Law of the Sea University of Tromsø: Munin Open Research Archive Arctic |
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Open Polar |
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University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
topic |
VDP::Social science: 200::Law: 340::International law: 344 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Folkerett: 344 Law of the Sea JUR-3910 |
spellingShingle |
VDP::Social science: 200::Law: 340::International law: 344 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Folkerett: 344 Law of the Sea JUR-3910 Woker, Hilde The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
topic_facet |
VDP::Social science: 200::Law: 340::International law: 344 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340::Folkerett: 344 Law of the Sea JUR-3910 |
description |
In the context of increasing duties to protect and preserve marine biodiversity, and of gaining importance of indigenous rights, this thesis discusses how international law recognizes the rights of indigenous peoples to harvest marine mammals. It takes on both the perspective from a human rights lawyer, as that of a law of the sea scholar. The human rights law perspective is based on the right to self-determination enshrined in the ICCPR and the ICESCR, and the right to culture, as reflected in Article 27 of the ICCPR and general international law. Through the eyes of the law of the sea scholar, indigenous peoples are entitled to harvest marine mammals based on the aboriginal subsistence whaling exemption in the ICRW system, and the “local people” exception to the polar bear hunt prohibition in the Polar Bear Agreement. Although both fields of law recognize an indigenous people’s right to harvest marine mammals, they differ in scope and application. This thesis argues that these two bodies of international law should be used and interpreted complementary to each other. |
format |
Master Thesis |
author |
Woker, Hilde |
author_facet |
Woker, Hilde |
author_sort |
Woker, Hilde |
title |
The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
title_short |
The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
title_full |
The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
title_fullStr |
The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
title_full_unstemmed |
The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea |
title_sort |
rights of indigenous peoples to harvest marine mammals in the arctic. perspectives from international human rights law and the law of the sea |
publisher |
UiT Norges arktiske universitet |
publishDate |
2015 |
url |
https://hdl.handle.net/10037/8468 |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Law of the Sea |
genre_facet |
Arctic Law of the Sea |
op_relation |
https://hdl.handle.net/10037/8468 URN:NBN:no-uit_munin_8034 |
op_rights |
openAccess Copyright 2015 The Author(s) |
_version_ |
1766339133432659968 |