Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty)

2019 ◽  
Vol 10 (1) ◽  
pp. 21-40
Author(s):  
Enrico Albanesi
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Natura 2000 ◽  
Eu Law ◽  
Reindeer Husbandry ◽  
Unanimous Vote ◽  
Eu Legislation ◽  
Domestic Legislation ◽  
The Eu

The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples.

Specialty: Arresting an elusive ‘right’ in European extradition law

2020 ◽  
pp. 203228442097699
Author(s):  
Alex Tinsley
Keyword(s):  
Human Rights ◽  
International Law ◽  
Soft Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Customary International Law ◽  
Eu Legislation ◽  
European Situation ◽  
Universal Rule ◽  
The Eu

Specialty (a near-universal rule of extradition law whereby a person extradited cannot be prosecuted or punished for matters other than those for which they were extradited) is viewed traditionally as a tool to protect the sovereignty of the extraditing state, rather than as an individual right. A review of international material shows a dispute as to the existence of a rule or principle of specialty in customary international law and emphasises themes such as enforceability and standing of individuals to plead violations. Against that backdrop, the European situation is characterised by the presence of broad specialty rules which are not always implemented in legislation by requesting states, leading to refusal of extradition in some cases. Arguably, combinations of the EU law duty of conforming interpretation and European human rights law principles may offer tools to overcome such situations, approaching protection of specialty ‘rights’ whatever the original doctrinal rationale. If they do not, and international cooperation is further undermined by ineffective specialty protection, EU legislation or the development of soft law standards may be a useful way forward.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

Non-Contractual Obligations

2019 ◽  
pp. 244-277
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
Eu Law ◽  
Eu Legislation ◽  
The United Kingdom ◽  
The Law ◽  
Contractual Obligations

This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, Regulation 864/2007, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome II Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome II Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).

7. EU law: is it international law?

2020 ◽  
pp. 191-211
Author(s):  
Bruno de Witte
Keyword(s):  
International Law ◽  
Alternative View ◽  
Eu Law ◽  
Legal Nature ◽  
The Eu

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
General Data ◽  
High Level ◽  
The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

Indigenous Rights: Recent Developments in International Law

2000 ◽  
Vol 28 (2) ◽  
pp. 266-310
Author(s):  
Julie Debeljak
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Cultural Institutions ◽  
Recent Developments ◽  
Land Holdings

“Indigenous peoples have been deprived of vast land holdings, and access to life sustaining resources, and they have suffered … activ[e] suppress[ion of] their political and cultural institutions. As a result indigenous people have been crippled economically and socially, their cohesiveness as communities has been damaged or threatened, and the integrity of their cultures has been undermined.”

The Danger of So-Called Regulatory ‘Gold-Plating’ in Transposition of EU Law – Lessons from Poland

2017 ◽  
Vol 71 (0) ◽  
pp. 73-90
Author(s):  
Michał Jabłoński
Keyword(s):  
Legal System ◽  
Eu Law ◽  
Interesting Aspect ◽  
Gold Plating ◽  
Member States ◽  
Regulatory Policies ◽  
Domestic Legislation ◽  
Polish Law ◽  
The Cost ◽  
The Eu

Ukraine, just like Poland over thirteen years ago, is on its route to integration with the EU, which would also require a transposition of EU law into the domestic legal system. In fact, the experience of Poland and other Member States shows that transposition of EU law gives rise to several issues. One interesting aspect concerns so-called gold-plating – that is domestic legislation than goes beyond the requirements set forth in EU law. Usually, it results in a greater regulatory burden imposed on entrepreneurs. The paper discusses three examples of such gold-plating regulations in Polish law – being a consequence of implementation of the EU law. Generally speaking, gold-plating is a negative and unwelcome phenomenon. There exists extensive research that shows the cost of gold-plating for the Member States’ economies. Some of the Member States have introduced regulatory policies in order to avoid gold-plating. The analysis shows that there are several actions that need to be performed to restrict the incidence of gold-plating.

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