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  • 1.
    Allard, Christina
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
    The Nordic countries’ law on Sámi territorial rights2011In: Arctic Review on Law and Politics, ISSN 1891-6252, E-ISSN 2387-4562, no 2, p. 159-183Article in journal (Refereed)
    Abstract [en]

    Territorial rights are important for the Sámi people, as they are for all indigenous peoples. Land is the asset which supports the Sámi culture and responsible for its long-standing survival. This article compares property laws in Norway, Sweden and Finland as to how Sámi rights to land and natural resources are articulated and recognized. These rights are based on old doctrines: ‘immemorial usage’ in Norway and ‘immemorial prescription’ in Sweden and Finland. Although the doctrines are generally regarded as equivalent, the article discusses a few significant differences. Subsequently the basic principles underpinning the two doctrines are analyzed, contrasted and discussed, with particular focus on reindeer herding rights.

  • 2.
    Allard, Christina
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
    The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts2018In: Arctic Review on Law and Politics, ISSN 1891-6252, E-ISSN 2387-4562, Vol. 9, p. 25-43Article in journal (Refereed)
    Abstract [en]

    Although the standard of consulting Indigenous peoples in decisions affecting them is well rooted internationally as well as in national legal systems, different views and patterns of problems are associated with the concept and its practice. This paper briefly analyses and contrasts the duty to consult Indigenous peoples through a comparison of the three Nordic countries Norway, Finland and Sweden, and Canada. Based on domestic legal sources, the focus of the paper is to explore the legal foundation that has given rise to the specific set of rules for the duty to consult, that is, the rationale behind the evolving of the rules. The first finding is that the rules differ among the three Nordic countries, with Sweden being the only country that lacks specific rules. Secondly, whereas Canada has developed its own duty to consult primarily through domestic case law, in the Nordic countries, duty to consult is related to international law obligations. Consultation duties that have evolved from domestic law may be easier to accept than “foreign” regulations imposed on national legal systems. This could explain the reluctance among the Nordic States to accept specific consultations with the Sami Parliament and other Sami groups, particularly in Sweden.

  • 3.
    Allard, Christina
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
    The Swedish Nordmaling case2011In: Arctic Review on Law and Politics, ISSN 1891-6252, E-ISSN 2387-4562, no 2, p. 225-228Article in journal (Other academic)
  • 4.
    Poelzer, Gregory A.
    et al.
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
    Ejdemo, Thomas
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
    Too Good to be True?: The Expectations and Reality of Mine Development in Pajala, Sweden2018In: Arctic Review on Law and Politics, ISSN 1891-6252, E-ISSN 2387-4562, Vol. 9, p. 3-24Article in journal (Refereed)
    Abstract [en]

    In order to achieve legitimacy, reality must match expectations. Resource development projects, such as mining, often force small communities to make difficult decisions regarding which projects to support or reject based on whether their expectations regarding the development of a mine manifest in reality. To make this assessment, this study looks at the factors that contributed to the legitimacy of a mine in northern Sweden, focusing on the community of Pajala, where a new mine opened in 2012. We conducted interviews with local residents representing different interests that aimed to draw out what legitimized or delegitimized the mine. From these interviews, we determined that economic factors weighed most heavily in generating support for the mine. Subsequently, in order to determine if these economic expectations matched reality, we examined economic performance data on the municipality. We found that many of the factors identified in the interviews related to local outcomes and that these matched closely with economic changes associated with the mine. Given the largely positive perceptions of the mine, the congruence between economic expectations and reality validate this support from the community. Thus, our results provide insight into the factors that affect legitimacy at the local level.

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