In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.

Introduction Nigel Bankes and Timo KoivurovaPART ONE: DOCTRINAL AND THEORETICAL FRAMEWORKS1. Recognising the Property Interests of Indigenous Peoples within Settler Societies: Some Different Conceptual Approaches Nigel Bankes2. Acknowledging and Accommodating Legal Pluralism: An Application to the Draft Nordic Saami Convention Jonnette Watson Hamilton3. The Public-Law Dimension of Indigenous Property Rights Jeremy WebberPART TWO: THE PUBLIC INTERNATIONAL LAW DIMENSIONS OF THE DRAFT NORDIC SAAMI CONVENTION4. Can Saami Transnational Indigenous Peoples Exercise Their Self-Determination in a World of Sovereign States? Timo Koivurova5. The Nordic Saami Convention: The Right of a People to Control Issues of Importance to Them Leena Heinämäki6. Cross-Border Reindeer Husbandry: Between Ancient Usage Rights and State Sovereignty Else Grete BroderstadPART THREE: SAAMI LAND AND REINDEER-GRAZING RIGHTS IN THE THREE NORDIC STATES7. The Draft Nordic Saami Convention and the Assessment of Evidence of Saami Use of Land Øyvind Ravna8. Who Holds the Reindeer-herding Right in Sweden? A Key Issue in Legislation Christina Allard9. The Draft Nordic Saami Convention and the Indigenous Population in Finland Juha Joona10. The Subjects of the Draft Nordic Saami Convention Tanja Joona11. On Customary Law Among the Saami People Elina Helander-RenvallPART FOUR: THE RECOGNITION OF INDIGENOUS LAND RIGHTS IN OTHER JURISDICTIONS12. The Achuar People in Ecuador: Towards Territorial and Political Autonomy Verónica Potes13. The Australian Approach to Recognising the Land Rights of Indigenous Peoples: The Native Title Act 1993 (Cth) Sharon Mascher14. The Forms of Recognition of Indigenous Property Rights in Settler States: Modern Land Claim Agreementsin Canada Nigel Bankes15. The Nordic Saami Convention and the Rights of Saami Women: Lessons from Canada Jennifer KoshanConclusion Nigel Bankes and Timo Koivurova