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Beland Lindahl, K., Wilson, G. N., Allard, C. & Poelzer, G. (2024). To Approve or not to Approve? A Comparative Analysis of State-Company-Indigenous Community Interactions in Mining in Canada and Sweden. Environmental Management, 73(5), 946-961
Open this publication in new window or tab >>To Approve or not to Approve? A Comparative Analysis of State-Company-Indigenous Community Interactions in Mining in Canada and Sweden
2024 (English)In: Environmental Management, ISSN 0364-152X, E-ISSN 1432-1009, Vol. 73, no 5, p. 946-961Article in journal (Refereed) Published
Abstract [en]

This Special Section explores the interplay between Indigenous peoples, industry, and the state in five proposed and active mining projects in Canada and Sweden. The overall aim is to identify factors shaping the quality of Indigenous community-industry-state interactions in mining and mine development. An ambition underlying the research is to develop knowledge to help manage mining related land-use conflicts in Sweden by drawing on Canadian comparisons and experience. This paper synthesizes the comparative research that has been conducted across jurisdictions in three Canadian provinces and Sweden. It focuses on the interplay between the properties of the governance system, the quality of interaction and governance outcomes. We combine institutional and interactive governance theory and use the concept of governability to assess how and why specific outcomes, such as mutually beneficial interaction, collaboration, or opposition, occurred. The analysis suggests there are measures that can be taken by the Swedish Government to improve the governability of mining related issues, by developing alternative, and more effective, avenues to recognize, and protect, Sámi rights and culture, to broaden the scope and increase the legitimacy and transparency of the EIAs, to raise the quality of interaction and consultation, and to develop tools to actively stimulate and support collaboration and partnerships on equal terms. Generally, we argue that Indigenous community responses to mining must be understood within a larger framework of Indigenous self-determination, in particular the communities’ own assessments of their opportunities to achieve their long-term objectives using alternative governing modes and types of interactions.

Place, publisher, year, edition, pages
Springer Nature, 2024
Keywords
Canada, Indigenous peoples, Institutions, Interactive governance, Mining, Sweden
National Category
Social and Economic Geography Political Science
Research subject
Political Science; Law
Identifiers
urn:nbn:se:ltu:diva-104635 (URN)10.1007/s00267-024-01949-7 (DOI)38446188 (PubMedID)2-s2.0-85186861737 (Scopus ID)
Funder
Vinnova, 2017-02226
Note

Validerad;2024;Nivå 2;2024-04-23 (joosat);

Full text: CC BY license

Available from: 2024-03-18 Created: 2024-03-18 Last updated: 2024-04-23Bibliographically approved
Allard, C. & Curran, D. (2023). Indigenous Influence and Engagement in Mining Permitting in British Columbia, Canada: Lessons for Sweden and Norway?. Environmental Management, 72(1), 1-18
Open this publication in new window or tab >>Indigenous Influence and Engagement in Mining Permitting in British Columbia, Canada: Lessons for Sweden and Norway?
2023 (English)In: Environmental Management, ISSN 0364-152X, E-ISSN 1432-1009, Vol. 72, no 1, p. 1-18Article in journal (Refereed) Published
Abstract [en]

Mine developments in Indigenous territories risk disrupting Indigenous cultures and their economies, including spiraling already high levels of conflict. This is the situation in Canada, Sweden, and Norway, as elsewhere, and is fostered by current state legal framework that reflect historical trajectories, although circumstances are gradually changing. Promising institutional changes have taken place in British Columbia (BC), Canada, with respect to new legislative reforms. Notably, new legislation from 2019 intends to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province, by promoting consent-based and collaborative decision-making mechanisms. New environmental assessment legislation is another example; this legislation includes early engagement, collaborative decision-making, and Indigenous-led assessments. The article’s aim is, first, to analyze how Indigenous communities can influence and engage in the mining permitting system of BC, and, secondly, to highlight the positive features of the BC system using a comparative lens to identify opportunities for Sweden and Norway regarding mining permitting and Indigenous rights. Applying a legal-scientific and comparative analysis, the article analyzes traditional legal sources. The article concludes that the strong points that the BC regime could offer the two Nordic countries are: the concept of reconciliation, incorporation of UNDRIP, the spectrum of consultation and engagement approaches, and the structure of environmental assessments. All three jurisdictions, however, struggle with balancing mine developments and securing Indigenous authority and influence over land uses in their traditional territories.

Place, publisher, year, edition, pages
Springer, 2023
Keywords
Mining, Indigenous peoples, Sami, British Columbia, Sweden, Norway
National Category
Human Geography
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-87709 (URN)10.1007/s00267-021-01536-0 (DOI)000711318100003 ()34698921 (PubMedID)2-s2.0-85118213476 (Scopus ID)
Note

Validerad;2023;Nivå 2;2023-06-28 (sofila);

Available from: 2021-11-01 Created: 2021-11-01 Last updated: 2023-06-28Bibliographically approved
Wilson, G. N. & Allard, C. (2023). Institutional Determinants of Mining Projects in Canada and Sweden: Insights from the Prosperity and Kallak Cases. Environmental Management, 72(1), 53-69
Open this publication in new window or tab >>Institutional Determinants of Mining Projects in Canada and Sweden: Insights from the Prosperity and Kallak Cases
2023 (English)In: Environmental Management, ISSN 0364-152X, E-ISSN 1432-1009, Vol. 72, no 1, p. 53-69Article in journal (Refereed) Published
Abstract [en]

Mining has proven to be a controversial form of resource development throughout the circumpolar north. This article compares two mining projects—the proposed Prosperity gold and copper mine in central British Columbia, Canada and the proposed Kallak iron ore mine in Norrbotten County in northern Sweden—that have endured long and protracted approval processes that have caused tensions and disputes between mining companies, Indigenous peoples, communities and state actors. In an effort understand the particular development paths taken by these two mining projects, this article examines the institutional determinants that structure relationships between industry, Indigenous communities and the state in Canada and Sweden. Using an historical institutionalist theoretical approach, the article focuses on the manner in which the structural features of the political systems and the environmental assessment and permitting processes in both countries have shaped the mine approval process. It also identifies particular critical junctures—important events and decisions that influenced the trajectory of the approval processes in profound and consequential ways. The article finds that institutional determinants, both historical and contemporary, have played a critical role in determining outcomes in both cases. In particular, it demonstrates the ways in which the structures of the Canadian and Swedish political systems have historically excluded Indigenous peoples from the decision-making process for resource development projects such as mines. It also shows how broader institutional contexts, as well as specific events and decisions, have complicated and politicized the mine approval processes, a situation that has heightened tensions on all sides.

Place, publisher, year, edition, pages
Springer, 2023
Keywords
Critical junctures, Environmental assessment, Indigenous peoples, Institutions, Mining, Permitting
National Category
Law and Society History
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-92209 (URN)10.1007/s00267-022-01679-8 (DOI)000826126400001 ()35841402 (PubMedID)2-s2.0-85134544674 (Scopus ID)
Note

Validerad;2023;Nivå 2;2023-06-28 (sofila);

Available from: 2022-07-20 Created: 2022-07-20 Last updated: 2023-06-28Bibliographically approved
Sandström, C., Ring, I., Olschewski, R., Simoncini, R., Albert, C., Acar, S., . . . Pergl, J. (2023). Mainstreaming biodiversity and nature's contributions to people in Europe and Central Asia: insights from IPBES to inform the CBD post-2020 agenda. Ecosystems and People, 19(1), Article ID 2138553.
Open this publication in new window or tab >>Mainstreaming biodiversity and nature's contributions to people in Europe and Central Asia: insights from IPBES to inform the CBD post-2020 agenda
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2023 (English)In: Ecosystems and People, ISSN 2639-5908, E-ISSN 2639-5916, Vol. 19, no 1, article id 2138553Article in journal (Refereed) Published
Abstract [en]

Recent global and regional assessments of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) show that Nature's Contributions to People (NCP) are under an alarming threat due to the continuing loss of biodiversity. These assessments call for increasing conservation efforts and a more sustainable use of biodiversity to enhance the chances of halting biodiversity loss and reversing current trends. One of the strategies to achieve change is to mainstream biodiversity into sectoral policies. Mainstreaming, a concept that can be traced back to the Brundtland report, promotes the integration of the environment into political, societal, and economic planning and decision-making. Based on the review of key studies undertaken during the regional assessment for Europe and Central Asia, we develop a stepwise approach to analyze the current status of mainstreaming of biodiversity and NCP. The approach can be used both for policy design purposes and diagnostic evaluations. It demonstrates that mainstreaming has the potential to improve the conservation and sustainable use of biodiversity as well as the sustained provision of NCP. However, based on the status of implementation across Europe and Central Asia, we conclude that mainstreaming needs to be pursued and implemented in a stronger and more systematic way. The results of our assessment provide important input to national strategies and policies but also to the ongoing process of the Conference of the Parties to the Convention on Biological Diversity while developing the post-2020 global biodiversity framework.

Place, publisher, year, edition, pages
Taylor & Francis, 2023
Keywords
Berta Martin-Lopez, Biodiversity governance, ecosystem services, mainstreaming, sector policies, policy instruments
National Category
Environmental Sciences Ecology
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-95743 (URN)10.1080/26395916.2022.2138553 (DOI)000913462500001 ()2-s2.0-85148447559 (Scopus ID)
Note

Validerad;2023;Nivå 2;2023-02-28 (hanlid)

Available from: 2023-02-28 Created: 2023-02-28 Last updated: 2023-05-08Bibliographically approved
Allard, C. (2023). Sámi rights in the sustainable transition-concluding remarks (1ed.). In: Dorothée Cambou; Øyvind Ravna (Ed.), The Significance of Sámi Rights: Law, Justice, and Sustainability for the Indigenous Sámi in the Nordic Countries: (pp. 183-202). Taylor and Francis
Open this publication in new window or tab >>Sámi rights in the sustainable transition-concluding remarks
2023 (English)In: The Significance of Sámi Rights: Law, Justice, and Sustainability for the Indigenous Sámi in the Nordic Countries / [ed] Dorothée Cambou; Øyvind Ravna, Taylor and Francis , 2023, 1, p. 183-202Chapter in book (Other academic)
Place, publisher, year, edition, pages
Taylor and Francis, 2023 Edition: 1
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-103633 (URN)10.4324/9781003220640-13 (DOI)2-s2.0-85180831985 (Scopus ID)978-1-032-11598-6 (ISBN)978-1-003-22064-0 (ISBN)
Note

Fulltext: CC-BY 4.0 license

Available from: 2024-01-12 Created: 2024-01-12 Last updated: 2024-01-12Bibliographically approved
Beland Lindahl, K., Allard, C., Poelzer, G. A., Poelzer, G., Frimpong, R., Noble, B., . . . McPhail, F. (2022). Gruvindustri och urfolk: Rättigheter, regelverk och arbetssätt: En jämförelse mellan Sverige och Kanada i syfte att lära.
Open this publication in new window or tab >>Gruvindustri och urfolk: Rättigheter, regelverk och arbetssätt: En jämförelse mellan Sverige och Kanada i syfte att lära
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2022 (Swedish)Report (Other (popular science, discussion, etc.))
Publisher
p. 15
National Category
Law and Society
Research subject
Law; Political Science
Identifiers
urn:nbn:se:ltu:diva-104576 (URN)
Funder
Vinnova, 2017-02226
Available from: 2024-03-13 Created: 2024-03-13 Last updated: 2024-03-13Bibliographically approved
Beland Lindahl, K., Allard, C., Poelzer, G. A., Poelzer, G., Frimpong, R., Noble, B., . . . McPhail, F. (2022). Ruvkeindustriija ja vuoigatvuođat, njuolggausat ja bargovierut: Buohtastahttin Ruoŧa ja Kanada gaskkas oahppama váras.
Open this publication in new window or tab >>Ruvkeindustriija ja vuoigatvuođat, njuolggausat ja bargovierut: Buohtastahttin Ruoŧa ja Kanada gaskkas oahppama váras
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2022 (Sami languages (Other))Report (Other (popular science, discussion, etc.))
Publisher
p. 18
National Category
Law and Society
Research subject
Law; Political Science
Identifiers
urn:nbn:se:ltu:diva-104582 (URN)
Funder
Vinnova, 2017-02226
Available from: 2024-03-13 Created: 2024-03-13 Last updated: 2024-03-13Bibliographically approved
Allard, C. (2022). Sami land rights: Recent developments in swedish case law (19ed.). In: Sia Spiliopoulou Åkermark; Florian Bieber; Arie Bloed; Bill Bowring; Ilze Brands Kehris; Zsuzsa Csergo; Magdalena Dembinska; Rainer Hofmann; Jennifer Jackson Preece; Tove H. Malloy; Joseph Marko; Roberta Medda-Windischer; John Packer; Francesco Palermo; Petra Roter; Eduardo Ruiz Vieytez; Peter Rutland; Sherrill Stroschein; Markku Suksi; Alexandra Xanthaki (Ed.), European Yearbook of Minority Issues: (pp. 221-238). Brill Nijhoff, 19(1)
Open this publication in new window or tab >>Sami land rights: Recent developments in swedish case law
2022 (English)In: European Yearbook of Minority Issues / [ed] Sia Spiliopoulou Åkermark; Florian Bieber; Arie Bloed; Bill Bowring; Ilze Brands Kehris; Zsuzsa Csergo; Magdalena Dembinska; Rainer Hofmann; Jennifer Jackson Preece; Tove H. Malloy; Joseph Marko; Roberta Medda-Windischer; John Packer; Francesco Palermo; Petra Roter; Eduardo Ruiz Vieytez; Peter Rutland; Sherrill Stroschein; Markku Suksi; Alexandra Xanthaki, Brill Nijhoff, 2022, 19, Vol. 19, no 1, p. 221-238Chapter in book (Refereed)
Abstract [en]

The Indigenous Sami people traditionally live in what is now Sweden, Norway, Finland, and Russia. A crucial matter for Indigenous peoples, including the Sami living in Sweden, is that of the recognition of their land rights and access to their traditional lands. This article’s aim is to present and analyse recent case law developments in Sweden that relate to the recognition and protection of Sami land rights, specifically the Girjas and Talma cases, through legal-scientific and textual analyses and relevant legal literature. Both cases concern Sami reindeer herding rights in Sweden and the Swedish state as defendant. These cases raise complex legal issues and historical circumstances, demonstrating the need for the Swedish state to treat Sami land rights as equal to other civil rights in Swedish society, in line with international human rights law.

Place, publisher, year, edition, pages
Brill Nijhoff, 2022 Edition: 19
Series
European Yearbook of Minority Issues Online, ISSN 1570-7865, E-ISSN 2211-6117 ; 1
Keywords
Girjas, Hunting and fishing, Indigenous peoples, Indigenous rights, Land rights, Reindeer herding, Sami people, Sweden, Talma
National Category
Law and Society History
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-93629 (URN)10.1163/22116117_011 (DOI)2-s2.0-85134479702 (Scopus ID)978-90-04-45928-1 (ISBN)
Available from: 2022-11-24 Created: 2022-11-24 Last updated: 2022-11-24Bibliographically approved
Beland Lindahl, K., Allard, C., Poelzer, G. A., Poelzer, G., Frimpong, R., Noble, B., . . . McPhail, F. (2022). What’s in a Social License to Mine?: Indigenous rights, rules and company-community engagement: Learning from Canadian – Swedish comparison.
Open this publication in new window or tab >>What’s in a Social License to Mine?: Indigenous rights, rules and company-community engagement: Learning from Canadian – Swedish comparison
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2022 (English)Report (Other (popular science, discussion, etc.))
Publisher
p. 14
National Category
Law and Society
Research subject
Law; Political Science
Identifiers
urn:nbn:se:ltu:diva-104583 (URN)
Funder
Vinnova, 2017-02226
Available from: 2024-03-13 Created: 2024-03-13 Last updated: 2024-03-13Bibliographically approved
Allard, C. & Brännström, M. (2021). Girjas Reindeer Herding Community v. Sweden: Analysing the Merits of the Girjas Case. Arctic Review on Law and Politics, 12, 56-79
Open this publication in new window or tab >>Girjas Reindeer Herding Community v. Sweden: Analysing the Merits of the Girjas Case
2021 (English)In: Arctic Review on Law and Politics, ISSN 1891-6252, E-ISSN 2387-4562, Vol. 12, p. 56-79Article in journal (Refereed) Published
Abstract [en]

For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community’s small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community’s exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is “clear and definitive”. These conditions were not met in this case.

Place, publisher, year, edition, pages
Cappelen Damm AS, 2021
Keywords
Sami land rights, Indigenous peoples, Indigenous rights, hunting, fishing, immemorial prescription, Indigenous customary law, Indigenous custom, Supreme Court
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-83558 (URN)10.23865/arctic.v12.2678 (DOI)2-s2.0-85102963363 (Scopus ID)
Funder
The Research Council of Norway, 259418
Note

Validerad;2021;Nivå 1;2021-04-09 (alebob)

Available from: 2021-04-09 Created: 2021-04-09 Last updated: 2021-05-19Bibliographically approved
Organisations
Identifiers
ORCID iD: ORCID iD iconorcid.org/0000-0001-6869-5193

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