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Author: 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.

In: International Journal on Minority and Group Rights

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

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

in law by which the applicants could prevent the employers in the present case from de-recognising the unions and refusing to renew the col- lective bargaining agreements.... However, the Court has consistently held that although collective bar- gaining may be one of the ways by which trade unions

In: International Labour Law Reports Online

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

In: The Acta Pekinensia or Historical Records of the Maillard de Tournon Legation

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

In: The International Journal of Children's Rights

and freedoms of the individual but where these were 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

In: African Yearbook of International Law Online / Annuaire Africain de droit international Online
Author: 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

In: Global Journal of Comparative Law

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

In: European Journal of Migration and Law

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

In: International Journal on Minority and Group Rights

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

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In: International Labor Rights Case Law