Vinsamlegast notið þetta auðkenni þegar þið vitnið til verksins eða tengið í það: http://hdl.handle.net/1946/33938
While legal progress on indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization (≈ 15th Century), the doctrine of mare nullius declared seas vacant of indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic navigation in high seas. The concept of establishing sovereignty in offshore areas attached to the land however had the same basis as the European colonies in America or Oceania. In this context, the acknowledgment of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens dramatically affected the Coastal Sámi indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on indigenous participation in marine resource management exist and derive from both Norwegian and international law. Despite the established legal instruments, the current system’s deficiencies are apparent, and the Coastal Sámi fisheries and culture has been gradually depleted. Scholars argue that the only way to ensure efficient indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring indigenous tenure, legal traditions and knowledge. This project aims, through fieldwork and literature analysis, to identify remnants of Coastal Sámi legal orders, traditional knowledge and views concerning the management of the ocean and its living resources and to conceptualize an indigenous framework of management of marine living resources.
|Tsiouvalas A. - LLM Polar Law (Thesis) .pdf