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Øyvind Ravna

The Alta case and the Sámi struggle for “rights to lands and waters” put political pressure on the Norwegian government to broadly explore the rights of the indigenous Sámi people to such resources. Both Norway’s ratification of the International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990, and the 2005 Finnmark Act are results of that exploration. To meet the obligations Norway undertook by signing the ILO Convention, the Finnmark Act authorises the Finnmark Commission to investigate land rights held by Sámi and other people in the most central part of Sámi areas in Norway. In March 2012, the Commission submitted its first report, which is the first specific legal clarification of a particular area after 30 years of examinations and discussions of Sámi rights. The report is therefore met with high expectations. This article analyses the main findings of the Commission, including the interpretation of its mandate and thus also Norway’s obligations in regards to the ILO Convention. The article concludes with reflections as to whether the investigation fulfils Norway’s commitments to identify and recognise the lands of the Sámi, both under national and international law.

Florence Renucci

and the population at large considered that the office of executioner was tainted by infamy, the latter maintained an ambiguous attitude towards executioners, who were associated with healing powers. In some cases, executioners, confronted with negative prejudices, sought remedies in law in order to

COUNCIL OF EUROPE

European Court of Human Rights Wilson and the National Union of Journalists v. United Kingdom Palmer, Wyeth and the National Union of Rail, Maritime and Transport Workers v. United Kingdom, Doolan and others v. the United Kingdom

Editors International Labour Law Reports

the appli- cants, United Kingdom law provided for a wholly voluntary system of col- lective bargaining, with no legal obligation on employers to recognise trade unions for the purposes of collective bargaining. There was, therefore, no remedy in law by which the applicants could prevent the employers

Series:

Kilian Stumpf, SJ

Edited by Paul Rule and Claudia von Collani

to ascertain whether there could be any impediment which might prevent Your Most Illustrious Lordship from accepting this our appeal; in order that we will not be deprived of the remedy in law which might protect us in this case, we all unanimously constitute Your Most Reverend Lordship as our

Anne Mcgillivray

more closely grounded in children's needs than in the convenience of others. Where 'autonomous yearnings' find a remedy in law, then the right is complete. That 'rights' is not a static concept and the categories of rights are not closed is illustrated in the contested right to culture. In colonized

Chris Maina Peter

violated the individual had no remedy in law. After a period of three years all laws were still intact and the government had done nothing during the grace period. Some of the most notorious legislation was still in the statute books.32 The work of addressing these and other laws which conflicted with the

Poku Adusei

common remedies in law include, inter alia , damages or monetary compensation, and other declaratory reliefs, whereas remedies in equity include specific performance, injunctions and rectification. The practitioners of the common law tradition are generalists. This is, however, not to say that

has the responsibility not only to design and enshrine a right to effective remedies in law, but as well to ensure their application when required by the judicial authorities. […] 394. In the present case, the Court considers first of all that Brazil has a legal framework which, in principle, could

Joshua Castellino

lens of evolving human rights law. Keywords inter-temporal analysis ; League of Nations ; UN system for protection of minorities ; historical minority rights treaties ; indigenous peoples rights ; remedies in law ; vulnerability 1. Introduction It is easy to detect a sense of achievement with the

The Right to Benefit from an Effective Remedy against Decisions Implying the Return of Asylum-seekers to European Safe Countries

Changes in the Right to Appeal in the Context of the European Union’s Dublin System vis-à-vis International and European Standards of Human Rights

Silvia Morgades-Gil

grounds unrelated to substantive human rights. The jurisprudence of the cjeu in the cases of Ghezelbash and Karim confirmed that with the Dublin III Regulation, asylum-seekers should benefit from the right to an effective remedy in law and in practice in all decisions which imply a transfer to