The Rights of Indigenous Peoples in Marine Areas

by Stephen Allen (Editor), Nigel Bankes (Editor), Øyvind Ravna (Editor)

Overview

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Product Details

ISBN-13:	9781509952021
Publisher:	Bloomsbury Academic
Publication date:	04/22/2021
Pages:	432
Product dimensions:	6.14(w) x 9.21(h) x 0.88(d)

About the Author

Stephen Allen is Senior Lecturer in Law at Queen Mary, University of London and a Barrister at 5 Essex Court Chambers, London.
Nigel Bankes is Professor and Chair of Natural Resources Law at the University of Calgary and Adjunct Professor at the KG Jebsen Centre for the Law of the Sea, UiT, the Arctic University of Norway.
Øyvind Ravna is Professor of Law and Head of the research group on Sámi and Indigenous law, UiT, the Arctic University of Norway, and Adjunct Professor at the Sámi University of Applied Sciences, Kautokeino, Norway.

Table of Contents

Acknowledgements v

List of Contributors ix

Introduction Stephen Allen Nigel Bankes Endalew Lijalem Enyew Øyvind Ravna 1

Part I The Colonial Encounter In Marine Space

1 Indigenous Legal Traditions, Inter-societal Law and the Colonisation of Marine Spaces Robert Hamilton 17

Part II International Dimensions

2 International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources Endalew Lijalem Enyew 45

3 Indigenous Peoples in Marine Areas: Whaling and Sealing Malgosia Fitzmaurice 69

4 The Jurisprudence of Artisanal Fishing Rights Revisited Stephen Allen 97

Part III Indigenous Rights In Marine Areas In Different Jurisdictions

5 The Evolving Governance of Aboriginal Peoples and Torres Strait Islanders in Marine Areas in Australia Lee Godden 123

6 Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources Nigel Bankes 149

7 Indigenous Fishing Rights in Colombia: A Case of Dispossession and Invisibility Isabela Figueroa 173

8 Marine Protected Areas and Indigenous Peoples' Rights: A Case Study of the National Park of the Coral Sea in New Caledonia Dorothée Cambou Jérémie Gilbert Marlène Dégremont 191

9 Legal Protection of Coastal Sámi Culture and Livelihood in Norway Øyvind Ravna Line Kalak 213

10 New Zealand/Aotearoa and the Rights of Maori to Natural Resources in Marine Areas Andrew Erueti 237

11 Defending Ancestral Waters from the Maritime Incursions of the Modern World: The Tagbanua of the Philippines Jay L. Batongbacal 251

12 The Rights of Indigenous Peoples in Marine Areas in Russia Ekaterina Zmyvalova Ruslan Garipov 272

13 Indigenous Rights in the US Marine Environment: The Stevens Treaties and their Effects on Harvests and Habitat Michael C Blumm Olivier Jamin 291

Part IV Perspectives On Indigenous Rights In Marine Areas

14 Marine Protected Areas and Indigenous Rights Sue Farran 319

15 Tlingit Use of Marine Space: Putting up Fish Caskey Russell X'unei Lance Twitchell 341

16 Governance of Marine Space: Interactions between the Salmon Aquaculture Industry and Indigenous Peoples in Norway and Canada Einar Eythórsson Dorothee Schreiber Camilla Brattland Else Grete Broderstad 353

17 Indigenising and Co-managing Local Fisheries: The Evolution of the Alaska Community Development Quota Programme in the Norton Sound Region Evelyn Pinkerton Steve J Langdon 375

Index 401

Editorial Reviews

"The collection of contributions covers a complex variety of perspectives in the panorama of indigenous rights at sea, and fills in a gap in indigenous rights research by providing a rich and unique analysis of indigenous and traditional rights in marine areas ... The Rights of Indigenous Peoples in Marine Areas represents the first comprehensive effort to address legal discourses over indigenous rights in marine areas, focusing on their reception within diverse regional, national and transnational systems." --The Yearbook of Polar Law

From the Publisher