Indigenous People Rights

Work Load: 10 credits (ECTS)
Type of course: Theoretical subject.
Level of course/Year of study:
First or second year at master''s level.
Language of instruction: English
Examination semester: Autumn


The Faculty of Law participate with the course Indigenous Peoples Rights, JUR-3650 at Master in Indigenous Studies


Timeschedule autumn 2007

Exam autumn 2007
Home exam:

The paper will be handed out Monday the 12th of November at 0900 h and must be delivered Friday the 16th of November by 1500 h.

Oral examination for those who passes the written exam:
Friday the 30th of November.


Exam autumn 2006

Previous Exams



Course Syllabus

Anaya, S. James: Indigenous Peoples in International Law, Oxford 1996

Scheinin, Martin: International Human Rights in National Law, In Hanski and Suksi (eds.), An Introduction to the International Protection of Human Rights, 2 ed. Turku/Åbo 1999, 417-428

Scheinin, Martin: The Right to Enjoy a Distinct Culture: Indigenous and Competing Uses of Land, In Orlin, Rosas and Scheinin (eds.), The Jrisprudense of Human Rights Law: A Comparative Interpretive Approach, Turku/Åbo 2000, 159-222

Åhrén, Mattias: Racism and Racial Discrimination Against the Indigenous People in Scandinavia and Russia – the Saami People, IWGIA Document No. 105, Copenhagen 2001, 136-174

Myntti, Kristian: The Nordic Sami Parliaments, In Pekka Aikio and Martin Scheinin (eds.) Operationalizing the Right of Indigenous Peoples to Self-Determination, Turku/Åbo 2000, 203-221

Austenå, Torgeir and Gudmund Sandvik: The legal status of right to resources of Finnmark with reference to previous regulations of the use of non-private resources, In Erling Berge and Nils Chr. Stenseth (eds) Law and the management of renewable resouces, ISS Rapport nr. 46, Trondheim 1995, 191-200

Bengtsson, Bertil: The legal status of rights to the resources in Swedish Lapland, In Erling Berge and Nils Chr. Stenseth (eds) Law and the management of renewable resouces , ISS Rapport nr. 46, Trondheim 1995, 201-207

Hyvärinen, Heikki J.: The legal status of rights to resources in Finnish Lapland, In Erling Berge and Nils Chr. Stenseth (eds) Law and the management of renewable resouces, ISS Rapport nr. 46, Trondheim 1995, 209-213

Hellum, Anne: How to Improve the Doctrinal Analysis of Legal Pluralism: A Comparison of the Legal Doctrine About Custom and Local Law in Zimbabwe and Norway, 23. årgang 2000 nr.2, 40-62

Eriksen, Gunnar: ”Quod non est in actis, non est in mundo”. The meeting between oral and text-based legal cultures, Draft article

Korpijaako, Kaisa: Saami Customary Law – How and Where to Find Pieces of its Evidence, In Tom G. Svensson (ed.) On customary law and the saami rights process in Norway, Skriftserie nr. 8, Senter for samiske studier, Universitetet i Tromsø, 1999, 65-76

Eide, Asbjørn: Legal and Normative Bases for Saami Claims to Land in the Nordic, International Journal on Minority and Group Rights, Vol. 8 2001 No. 2-3, 127-149

Bull, Kirsti Strøm: The Right to Herd Reindeer in the Light of the Report of the Sami Law Committee, International Journal on Minority and Group Rights, Volume 8 2001 No. 2-3, 223-234


Objectives
The course intends to give the students an overview over the current discussion on indigenous peoples'''' rights, cover subjects from international law, domestic law specially in Saami areas and indigenous peoples law, focusing on indigenous peoples'''' right to self-determination and land rights.The point of departure of the course is that the rights of indigenous peoples depend both on legal principles and rules within international and domestic law, and also on indigenous peoples''''own law.

Contents
The course intends to give the students an overview over the current discussion on indigenous peoples'''' rights, cover subjects from international law, domestic law specially in Saami areas and indigenous peoples law, focusing on indigenous peoples'''' right to self-determination and land rights.The point of departure of the course is that the rights of indigenous peoples depend both on legal principles and rules within international and domestic law, and also on indigenous peoples''''own law.

Form of teaching
The teaching consists of a combination of lectures and seminars, comprising a total of 20 hours. The students are expected to be prepared and active during the seminars in discussing legal approaches to the issues at hand. Students are expected to study independently in periods of no seminars or lectures. Teaching in the form of lectures and/or seminars will be offered provided at least three students register for the course