Autonomy and indigenous peoples of the Arctic: Legal status of Inuit (case study of Greenland and Nunavut) (Denmark).

摘要

In the foregoing study, an attempt has been made to present a comparative empirical and normative survey of the concept of governance in the Arctic jurisdictions of Greenland and Nunavut. In so doing, the thesis addresses the question of whether there is an emerging right to autonomy for indigenous peoples of Inuit in Nunavut and Greenland. This thesis first analyses several methodological and theoretical aspects of the concept of autonomy in general and the right to indigenous self-government in international and constitutional law in particular. It then compares Greenland and Nunavut from the perspective of historical, political, social, economic and legal factors that conditioned the road to modern governance structures of these Arctic jurisdictions. With this analysis in hand, the study turns to an examination of the legal scope of autonomy in the Arctic. Finally, it explores the jurisdiction of Greenland and Nunavut in non-transferable areas as an important indicator of the concept of autonomy for Northern hinterlands. This study draws on the aspirations of Inuit authorities to take over responsibilities in international relations, judicial and legal systems, and security or defence matters as means of promoting their autonomy and examines potential sources of legal authority for these actions. This thesis concludes that even the confusing legal concept of autonomy can be rendered more determinate by means of comparative constitutional analysis of measures that secure autonomy in Arctic areas where indigenous Inuit peoples are the majority. Despite a relatively weak legal ground for normative recognition of the right to autonomy, an empirical analysis of Greenland and Nunavut governance systems reveals that autonomy is not a static phenomenon. It is a dynamic concept constantly developing and evolving towards more recognition at the de jure level.