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Vår 2017
JUR-3605 Indigenous Peoples' Rights - 15 stp
The course is administrated by
Type of course
Indigenous Peoples Rights is a course at master degree level, and is offered both in the fall and spring semester.
This course specification should be seen together with the Programme Specification for the Master's Degree in Jurisprudence at the University of Tromsø (Studieplan for graden Master i rettsvitenskap ved Universitetet i Tromsø), the Specification for the Fifth Year of the Master's Degree Programme in Jurisprudence (Fagplan for femte avdeling ved masterstudiet i rettsvitenskap) adopted 22.2.2012, and the Regulations for the Elective Component in the Master's Degree Programme in Jurisprudence (Reglementet for den valgfrie delen av masterstudiet i rettsvitenskap).
Course overlap
Course contents
Admission requirements
Students should have basic knowledge of international law.
The students on the integrated master programme in law may choose it as a partial fulfillment of the requirements for the elective part of the programme's fifth year, cf. Programme Specification for the Master's Degree in Jurisprudence at the University of Tromsø (Studieplan for graden Master i rettsvitenskap ved Universitetet i Tromsø), Sec. 4.
Following an application, other students may also be admitted to this course, cf. Regulations for the Elective Component in the Master's Degree Programme in Jurisprudence (Reglement for den valgfrie delen av masterstudiet i rettsvitenskap) (Regulation). Students at the Faculty of Law may only commence with the fifth year of the programme after they have passed the third year of the programme, cf. Regulation § 6 No. 3.
Objective of the course
Knowledge
Having passed the exam, the student has:
- Advanced knowledge of the definition of indigenous peoples.
- Advanced knowledge of indigenous peoples' right to self-determination.
- Advanced knowledge of the right to non-discrimination in relation to indigenous peoples.
- Advanced knowledge of indigenous peoples' right to land.
- Advanced knowledge of the different ways through which international norms may be implemented into national legal systems.
- Good knowledge of the procedures established in international law to monitor the implementation of indigenous peoples' rights, and corresponding complaint mechanisms.
- Good knowledge of cultural rights in relation to indigenous peoples.
- Knowledge of the historical development of indigenous peoples' rights.
Skills
Having passed the exam, the student is able to:
- identify and analyze issues of theoretical and practical character in Indigenous Peoples Rights.
- apply the relevant sources of Indigenous Peoples Rights in a critical and independent way.
- identify and discuss the limitations of current legal regime.
- use English terminology applicable to this field of law.
General competence
After passing the specialization, the student can:
- Apply the obtained knowledge and skills in the field of Indigenous Peoples Rights individually and in cooperation with others
- Communicate reasoning within the field of Indigenous Peoples Rights in a clear and precise manner, orally and in writing to the academic community and the general public
- Apply knowledge and skills acquired within Indigenous Peoples Rights in all jurisdictions and for all tasks and projects where relevant
- Identify and reflect on ethical dilemmas that work with issues on the Indigenous Peoples Rights area in particular can lead to, and deal with these in a responsible manner
Language of instruction
Teaching methods
Assessment
The course is assessed through a written home exam (5 days) and one oral exam. The exam may include theoretical and/or scenario questions.
The grading scale of A to F is applied, where F constitutes fail. Students who fail their examination are entitled to re-sit the examination, cf. Regulations for examinations at the University of Tromsø Sec. 22.
The exam must be written in English.
Recommended reading/syllabus
Recommended reading / syllabus:
- Åhrén, Mattias (2016) Indigenous Peoples' Status in the International Legal System. Oxford: Oxford University Press. (239 p.)
- Barelli, Mauro (2016) Seeking Justice in International Law. Abingdon: Routledge. (148 p.)
- Chambers, Reid Peyton and Stephens, William F. (2016) «Principles of International Law That Support Claims of Indian Tribes to Water Resources.» UCLA Law Review 63.6: 1530-1563. (33 p.)
- Conde, Elena and Sánchez, Sara Iglesias (eds) (2016) Global Challenges in the Arctic Region, chapter 11. Routledge. (13 p.)
- Glenn, Patrick (2014) Legal traditions of the world, chapter 1 and 2. Oxford: Oxford University Press. (60 p.)
- Graham, Lorie and Zyl-Chavarro, Amy (2016) «Human Rights Perspective on Education and Indigenous Peoples: Unpacking the Meaning of Articles 14 and 15 of the UN Declaration on the Rights of Indigenous Peoples». Northeastern University Law Journal 8(1), 135-222. (88 p.)
- Lennox, Corinne and Short, Damien (eds) (2016) Handbook of Indigenous Peoples Rights, chapters I (36 p.), III (38 p.) and VII (56 p.). Abingdon: Routledge.
- Saul, Ben (2016) «Introduction: Indigenous Peoples and Human Rights - Institutions and Influences», in Indigenous Peoples and Human Rights. Oxford: Hart. (20 p.)
(Total number of pages: 731)
The syllabus can be changed until the start of the semester (Spring 2017).