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In past discussions regarding development (of non-living resources) and indigenous people, a strong tendency existed to understand the act of development as a one-way impact from an outside society. This was often labelled as “environmental racism” and interpreted as a form of ethnic discrimination deeply intertwined with environmental issues. However, this view contained an element of confirmation bias regarding development and indigenous people. For example, it has been reported that in Alaska and elsewhere, indigenous people have taken initiative in developing non-living resources, making it clear that indigenous people are not necessarily passive subjects on whom development is unilaterally imposed. In this paper, after examining recent trends in the development of non-living resources, I shall take up the development of such resources in Greenland with the goal of sorting out and extrapolating the main arguments in the debate, especially within the self-rule government, regarding how the wealth obtained through the development of non-living resources should be enjoyed, while focusing on the notion of sustainable development and taking into consideration previous studies from the field of political science.
The paper demonstrates how the evolution of international law on colonial and indigenous peoples, in particular evolving rights to sovereignty over natural resources, shaped the changing relationship between Greenland and the rest of the Danish Realm. Greenland today is in a unique position in international law, enjoying an extremely high degree of self-government. This paper explores the history, current status and future of Greenland through the lens of international law, to show how international obligations both colour its relationship with the Kingdom of Denmark and influence its approaches to resource development internally. It considers the invisibility of the Inuit population in the 1933 Eastern Greenland case that secured Danish sovereignty over the entire territory. It then turns to Denmark’s registration of Greenland as a non-self-governing territory (colony) in 1946 before Greenland’s-purported decolonisation in 1953 and the deficiencies of that process. In the second part of the 20th century, Denmark began to recognise the Greenland Inuit as an indigenous people before a gradual shift towards recognition of the Greenlanders as a people in international law, entitled to self-determination, including the right to permanent sovereignty over their natural resources. This peaked with the Self-Government Act of 2009. The paper will then go on to assess competing interpretations of the Self-Government Act of 2009 according to which the Greenland self-government is the relevant decision-making body for an increasing number of fields of competence including, since 1 January 2010, the governance of extractive industries. Some, including members of the Greenland self-government, argue that the Self-Government Act constitutes full implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007), but this view is not universally shared. The paper also considers the status and rights of two Greenland minorities: the North Greenlanders (Inughuit) and the East Greenlanders, each of whom has distinct histories, experiences of colonisation, dialects (or languages) and cultural traditions. While the Kingdom of Denmark accepts the existence of only one indigenous people, namely, the Inuit of Greenland, this view is increasingly being challenged in international fora, including the UN human rights treaty bodies, as the two minorities are in some cases considered distinct indigenous peoples. Their current position in Greenland as well as in a future fully independent Greenland is examined, and the rights that they hold against the Greenland self-government as well as the Kingdom of Denmark explored. Greenland’s domestic regime for governance of non-renewable natural resources (principally mining and hydrocarbons) is briefly analysed and compared with international standards, with a particular emphasis on public participation. The paper assesses the extent to which it complies with the standards in key international instruments.
Hobby metal detecting is a controversial subject. Legal and policy approaches differ widely across national and regional contexts, and the attitudes of archaeologists and heritage professionals towards detectorists are often polarized and based on ethical or emotive arguments. We, the European Public Finds Recording Network (EPFRN), have implemented collaborative approaches towards detectorist communities in our respective contexts (Denmark, England and Wales, Finland, Flanders, and the Netherlands). Although our motivations are affected by our national circumstances, we base our work on an agreed set of goals, practices, and visions. This article presents the EPFRN's vision statement and provides insight into its underlying thoughts. We hope to create a debate on how to develop best practice approaches that acknowledge the inherent challenges of hobby metal detecting while realizing its potential.
Between 1938 and 1943, Fascist intellectuals debated the problem of how to create a racial policy that would encompass the Japanese within the Aryan doctrine. This article demonstrates how internal divisions in the Fascist party over racial issues generated alternative versions of pro-Japanese propaganda, which influenced the racial thinking of the Italian far-right even long after the Second World War. I show how Italian racial theories developed to underpin the alliance with Japan were transnational in scope, as they involved both German and Italian scholars in a common effort to lobby state racial policies. Specifically, I consider George Montandon and Julius Evola as two transnational actors engaged in building a case for the inclusion of the Japanese in the family of Aryan races, speaking either from a ‘biological’ or ‘spiritual’ perspective. While by the end of the Second World War the ‘biological’ thesis for the inclusion of the Japanese race had evaporated, the ‘spiritual’ thesis would continue to influence a generation of Italian far-right militants, especially during the ‘Years of Lead’. To make sense of this legacy, I suggest that the foundational myth of Italian Fascism, based on the spiritual heritage of the multiethnic Roman empire, responded to the neofascist quest for transnational affiliations against Western materialism.
In 1893, legislation in the Cape Colony raised the age of consent to sexual intercourse from twelve to fourteen. Only twelve years later, however, did colonial administrators extend the law to the predominantly African districts in the eastern region of the colony. A reconstruction of the political debates surrounding the law, and its eventual extension, illuminates the relationship between understandings of childhood and race in the Cape. By the late 19th century, the comparison of Africans to children had become the governing metaphor for the “native question”; but this metaphor contained fundamental ambiguities. Debates over the age of consent forced Cape politicians to confront the racial and chronological boundaries of childhood innocence, and thus to articulate more precise theories of racial difference itself. Rural elites upheld a vision of hierarchy calibrated by wealth and social knowledge as well as race. Reformers sought to protect the innocence of white girls, in part to defend against racial degeneration, but disagreed over the inclusion of black girls. Meanwhile, even liberal social purity advocates hesitated to extend the law to the eastern districts, where “native law and custom” seemed not only to offer more protection but also to undermine claims of European superiority.
Much excellent work has been done on the colonial Act X of 1891. Yet, three important contexts have largely gone missing. One is the framework of colonial Personal Laws where the practice of infantile marital cohabitation was embedded till it migrated to criminal laws. Unless we comprehend how the framework constrained judicial decisions and legal interventions, no single law can possibly make full sense. There were highly acrimonious public debates, too, especially in Bengal and Bombay Presidencies, that significantly shaped the Act. Legal reform in the field of gender, I argue, grew more out such debates than from colonial initiatives.