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Syllabus:

The Rights of Indigenous peoples and Governance of renewable Resources, 7.5 Credits

The course is discontinued from 2023-09-25

Swedish name: The Rights of Indigenous peoples and Governance of renewable Resources

This syllabus is valid: 2014-01-20 and until further notice

Course code: 2JU114

Credit points: 7.5

Education level: Second cycle

Grading scale: Three-grade scale

Responsible department: Department of Law

Established by: Head of Department of Law, 2013-12-04

Contents

The course will offer students an overview of indigenous peoples’ rights and how these rights interact with governance of renewable resources. The course will highlight a number of key issues in the discussion about indigenous peoples’ rights. The role of international organizations and international instruments for the protection of indigenous peoples’ rights such as The Declaration on Rights of Indigenous Peoples, adopted by the General Assembly in September 2007, and the International Labour Organization (ILO) Convention 169, will be introduced and discussed. Also other international instruments that acknowledge the special relationship between indigenous peoples and their lands will be introduced and analysed, such as the Rio Declaration of Environment and Development, Agenda 21 and the Convention on Biological Diversity. The issues will be dealt with both from the perspectives of the states and indigenous peoples. The situation of the Sami people in Sweden will be used as an example of how indigenous peoples’ rights are interpreted in a national perspective. The rights of the Sami people in Sweden will be presented and also examples of governance of natural resources in Sweden where the Sami take part.

Expected learning outcomes

After having successfully completed the course, the student will have:

·         detailed knowledge of indigenous peoples’ rights to land, the institutions where indigenous peoples’ rights are developed on an international level and the specific protection provided to indigenous peoples,
·         detailed knowledge of how the rights of indigenous peoples can be respected and interpreted in systems of governance of renewable resources,
·         an immersed capability to understand the preconditions that indigenous peoples live under,
·         an immersed capability to compare the preconditions of the Sami to other indigenous peoples.

Required Knowledge

Univ.: A minimum of 90 university credits in one main field of social sciences studies or in forest science, including an individual essay carrying at least 15 university credits, or 120 university credits from the Law Programme, or equivalent qualifications. Proficiency in English equivalent to Swedish upper secondary course English A (IELTS (Academic) with a minimum overall score of 5.5 and no individual score below 5.0. TOEFL PBT (Paper-based Test) with a minimum total score of 530 and a minimum TWE score of 4. TOEFL iBT (Internet-based Test) with a minimum total score of 72 and a minimum score of 17 on the Writing Section). Where the language of instruction is Swedish, applicants must prove proficiency in Swedish to the level required for basic eligibility for higher studies.

Form of instruction

The teaching will essentially consist of lectures and seminars. External experts will be invited to lecture and discuss current developments within their respective fields. Active participation by the students in analyzing and discussing arguments and trends is critical. Participating students are required to carefully study all assigned texts and cases before each seminar. Further instructions on the requirements for each seminar will be handed out as the course proceeds. All teaching and seminars will be in the English language. A student who has been accepted and registered for the course has the right to teaching and guidance only during the term/academic year when he/she was accepted and registered.

Examination modes

Examination takes place through fulfillment of two parts, partly the compulsory course elements specified in component 1 below, partly writing a research paper specified in component 2 below.  

Component 1 

Active participation during compulsory seminars.

 

Component 2

Fulfillment of a research paper.

 

Grades

A passing grade on the activities under components 1-2 above are required to receive a passing grade for the course as a whole. For component 1 the grades Fail (U) or Pass (G) can be awarded. On the research paper the grades awarded are Fail (U), Pass (G) and Pass with distinction (VG).

On the entire course, the grades given are Fail (U), Pass (G) and Pass with Distinction (VG). The grade for the course as a whole is based on the result of the research paper and awarded after the completion of all compulsory course elements.

The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not received a passing grade on a test will be afforded an opportunity for re-examination. A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Studies.

Academic credit transfer
Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see: www.umu.se/utbildning/antagning/tillgodoraknande/

Literature

Valid from: 2014 week 4

Course literature

Allard Christina
Two sides of the coin - rights and duties : the interface between environmental law and Saami law based on a comparison with Aoteoaroa/New Zealand and Canada
Allard, Christina : 543 s. :
http://epubl.ltu.se/1402-1544/2006/32

Anaya S. James
Indigenous peoples in international law : S. James Anaya
2. ed. : Oxford : Oxford University Press : 2004 : xi, 396 s. :
ISBN: 0-19-517349-x (inb.)
Mandatory
Search the University Library catalogue

Environmental governance
Lemos M.C., Agrawal A
Included in:
Annual review of environment and resources
Palo Alto, Ca : Annual Reviews : 2003 : xi, 515 s. : ill. : 31 : pages 297-325 :
Mandatory

Nadasdy Paul
Transcending the Debate over the Ecologically Noble Indian: Indigenous Peoples and Environmentalism.
Ethnohistory 52(2):291-331. : 2005 :
Mandatory

Piattoni Simona
Multi-level Governance: a Historical and Conceptual Analysis
Included in:
Revue d'intégration européenne.
Amsterdam : Harwood Academic Publishers : 31 : pages 163-180 :
Mandatory