Recognition of Indigenous Land Rights in Norway and Canada
In: International Journal on Minority and Group RightsSearch for other papers by Øyvind Ravna in
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Search for other papers by Nigel Bankes in
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Many states offer constitutional protection to the traditional lands of indigenous peoples. International treaties protecting ethnic minorities and indigenous peoples also require protection of the rights of indigenous communities with respect to traditional territories. States have followed different routes in identifying the ownership and resource rights of indigenous communities. In Norway, the Courts have traditionally applied the rules on prescription and immemorial usage, developed through centuries in the farming societies of Scandinavia. The legislature has chosen to follow the same approach in the Finnmark area of Norway under the terms of the Finnmark Act (2005). By contrast, in Canada, a settled colony with an English common law tradition, the Courts have developed a sui generis approach to the recognition of Aboriginal title. This article examines the rules for identifying and legally recognising the traditional lands of indigenous people in Norway and Canada with a view to reflecting on similarities and differences.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2328 | 1543 | 72 |
| Full Text Views | 275 | 52 | 5 |
| PDF Views & Downloads | 515 | 74 | 2 |
Recognition of Indigenous Land Rights in Norway and Canada
In: International Journal on Minority and Group RightsSearch for other papers by Øyvind Ravna in
Current site
Google Scholar
PubMed
Search for other papers by Nigel Bankes in
Current site
Google Scholar
PubMed
Many states offer constitutional protection to the traditional lands of indigenous peoples. International treaties protecting ethnic minorities and indigenous peoples also require protection of the rights of indigenous communities with respect to traditional territories. States have followed different routes in identifying the ownership and resource rights of indigenous communities. In Norway, the Courts have traditionally applied the rules on prescription and immemorial usage, developed through centuries in the farming societies of Scandinavia. The legislature has chosen to follow the same approach in the Finnmark area of Norway under the terms of the Finnmark Act (2005). By contrast, in Canada, a settled colony with an English common law tradition, the Courts have developed a sui generis approach to the recognition of Aboriginal title. This article examines the rules for identifying and legally recognising the traditional lands of indigenous people in Norway and Canada with a view to reflecting on similarities and differences.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2328 | 1543 | 72 |
| Full Text Views | 275 | 52 | 5 |
| PDF Views & Downloads | 515 | 74 | 2 |
