Arctic Review on Law and Politics
Not a member yet
242 research outputs found
Sort by
Indigenous Peoples’ Fisheries Rights – A comparative perspective between Maori and the Sami
Get PDFThe right to fish is intrinsic to the culture of indigenous peoples, including the Sami of Norway and Maori of New Zealand. The Sami currently still seek recognition of their cultural right to fish. Despite recent recommendations by the Smith Commission that Sami rights within the coastal area be recognized, this is yet to be realised. The Attorney General’s scathing criticisms have impeded the implementation of Sami rights within the coastal area. This paper offers a comparative perspective between Sami rights and Maori rights with regard to their respective fisheries. It is suggested that a claim based on a combination of indigenous rights, domestic legislation and international law may provide grounds for legislative recognition and implementation of coastal rights for Sami peoples
Allocation of Demersal Harvest Rights in Iceland
Get PDFIt is generally understood that since 1984 the Icelandic fishery man- agement system has been based on individual transferable quotas (ITQs), that licenses for commercial fishing in Iceland were allocated to owners of vessels according to their fishing activity for the period 1 November 1982 through 31 October 1983, and quota shares in the demersal fisheries (usually 70–80 % of the annual catch value) were allocated according to the catch history of vessels in the period 1 November 1980 through 31 October 1983. Several judgements have been based on these premises. The aim of this article is to illustrate that the Icelandic fishery management system has by no means been a 100 % ITQ system since 1984, and that alloca- tion of fishing licenses and quotas in the demersal fisheries in Iceland has been far more complicated than the aforementioned understanding would indicate. In fact since 1984 the Icelandic system has evolved more by trial-and-error than by design, and a substantial portion of the demersal quota shares have been reallocated. These reallocations should influence how the system is judged and evaluated