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Association: Name: International Studies Association URL: http://www.isanet.org
Citation: URL: http://www.allacademic.com/meta/p98623_index.html Direct Link: HTML Code:

Joona, Tanja. "The Politics of Interpreting ILO-Convention No. 169 ? A Comparative Political Study on Indigenous People?s Land Rights in Nordic Countries and Australia" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p98623_index.html>

Joona, T. , 2006-03-22 "The Politics of Interpreting ILO-Convention No. 169 ? A Comparative Political Study on Indigenous People?s Land Rights in Nordic Countries and Australia" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p98623_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: ILO-Convention No. 169 is the only legally binding instrument that distinctly concerns itself with indigenous peoples? rights. The Convention aims at protecting indigenous peoples and their cultures and languages from vanishing with special actions by the governmental authority. However, this Convention has its limitations because as of now it is only ratified by 17 countries. My dissertation examines the recognition and implementation of ILO-Convention from the perspectives of international politics and international law with a comparative approach to Nordic countries of which Norway and Denmark have ratified the Convention, while Sweden and Finland are considering it. The comparison to Australia would be valuable both theoretically and empirically. The dissertation will consist of four articles with several common denominators; the concepts of land [rights], culture, environment, identity and power [politics]. The research has a multidisciplinary approach by using the methods of political sciences and international law by examining the role of state treaties and the preliminary works of law as sources of law making. The discourse and rhetorical analysis are relevant methods to express the situation in the Nordic countries, where the national law-making processes related to land and water rights have been strongly influenced by political debate. In relation to the Convention questions about ?indigenousness?, the construction of the ?Saami? and ?Sápmi? are relevant, but still remaining open and unclear concepts. The conflicts between states and indigenous peoples related to land rights could be seen as disagreements of different values and means, and as a battle of power. The study also emphasises the role of indigenous peoples as important actors among the states, since the new world order has changed the agenda of international system. The study has a constructivist approach, which also refers to international conventions as socially constructed regimes, where for example economic rationality cannot be divorced from political realities. For states the areas occupied by indigenous peoples form usually an important part of their (natural) resources. Keywords: Treaty interpretation, constructivism, human rights, sovereignty, self-determination

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