Indigenous Peoples, Natural Resources and Governance. Agencies and Interactions

Description

Cover Half Title Series Page Title Page Copyright Page Table of Contents List of illustrations List of contributors Acknowledgments List of abbreviations Chapter 1: Indigenous rights and governance theory: An introduction Introduction Indigenous governance A turn from definitive rights Turning to multilevel governance Implementation gap and local variations Business and human rights Governance Interactive governance Levels Discussion Case studies References Chapter 2: International law, state compliance and wind power: Gaelpie (Kalvvatnan) and beyond Introduction Background: interpretations of international law State compliance The case of Kalvvatnan power plant and the ministerial decision Background and overall review Consultations Selected reference cases Considering the case of Kalvvatnan Discussion De jure compliance De facto compliance Results of state compliance State–right-holders–industry interactions Concluding remarks References Chapter 3: Reindeer husbandry vs. wind energy: Analysis of the Pauträsk and Norrbäck court decisions in Sweden Introduction Cases background Legal background Court assessments Decisions of the land and environmental court (2017) Decisions of the Land and Environmental Court of Appeal (2019) Limits of court decisions Uncertainties of court assessment Balancing of national and local sustainability interests Conclusion References Chapter 4: Indigenous agency in aquaculture development in Norway and New Zealand Introduction Indigenous political agency Indigenous agency in aquaculture development in Norway and New Zealand Methods and data Māori marine resource rights context in Aotearoa–New Zealand Aquaculture industry development in Te Tau Ihu, Marlborough Sounds Sámi marine resource rights context in Norway Aquaculture industry development in Sámi areas Salmon farm licensing in Porsanger Fjord, western Finnmark Structural and discursive influences on Indigenous agency Legal constraints on Sámi and Māori agency Access to resources, information and expertise Environmental protection and Indigenous development discourses Discursive formation of relevant knowledge and claims Conclusion References Chapter 5: Indigenous agency through normative contestation: Defining the scope of free, prior and informed consent in the Russian North Introduction Agency and norms through practice of normative contestation Research methodology and methods The challenge of FPIC in the Russian context Contestation on FPIC in the RS (Ya): a case study FPIC in the RS (Ya) legal framework High stakes at Nezhda FPIC through the actors’ contestation “talks” and “walks” OIPR as a norm enforcer Conclusion References Chapter 6: The role of the Tłı̨chǫ Comprehensive Agreement in shaping the relationship between the Tłı̨chǫ and the mining industry in the Mackenzie Valley, Northwest Territories (NWT), Canada Introduction Tłı̨chǫ land claims and self-government agreement Tłı̨chǫ Agreement and resource governance in the Mackenzie Valley Tłı̨chǫ Government’s role in resource management in the Mackenzie Valley Tłı̨chǫ membership of co-management boards Tłı̨chǫ participation in EA and the regulation of mines as a directly impacted stakeholder Tłı̨chǫ interaction with the mining industry in preliminary screening Tłı̨chǫ interaction with the mining industry during environmental assessment Tłı̨chǫ Government’s role in regulatory approvals Comprehensive land claims agreements, corporate social responsibility and impact benefit agreements Socioeconomic impacts of IBAs and the Tłı̨chǫ Agreement on Tłı̨chǫ communities Tłı̨chǫ Agreement, impact benefit agreements and the emergence of a new governance structure Conclusion References Chapter 7: The shifting state: Rolling over Indigenous rights in Ontario, Canada Introduction Ontario in the Treaty context Ontario in the Canadian context “Ring of Fire,” northern Ontario: then “Ring of Fire,” northern Ontario: now Conclusion References Chapter 8: Emerging governance mechanisms in Norway: A cautionary note from the Antipodes Introduction What is neoliberalism? Neoliberalism as a form of governance Neoliberalism and Indigenous peoples Agreement-making in Australia Agreement-making in Sweden Conclusion References Chapter 9: Paradigm conflicts: Challenges to implementing Indigenous rights in Sápmi Introduction Paradigm conflicts The neoliberal paradigm The Indigenous paradigm The Kallak mining project controversy Case study Neoliberal paradigm perspectives Indigenous paradigm perspectives The Nordic Sámi Convention: bridging the gap Defining Sámi self-determination on the transnational level The failings of the Nordic Sámi Convention The current situation in Gállok and beyond Conclusion: possibilities for compromise? References Chapter 10: Revisiting the governance triangle in the Arctic and beyond From the governance triangle to meta-governance Balancing Indigenous rights, economic interests and national commitments in court The role of the state in ensuring Indigenous rights in agreement-making Indigenous agency in network governance The state in the governance triangle References Index