Publikationer

Research | Forskning - peer review

This article explores the legal arguments and historic claims regarding the return of archives to the Peoples in the Arctic about whom they pertain. It calls for international lawyers to work with archival theorists and practitioners to explore the law of decolonisation and its potential application… This article explores the legal arguments and historic claims regarding the return of archives to the Peoples in the Arctic about whom they pertain. It calls for international lawyers to work with archival theorists and practitioners to explore the law of decolonisation and its potential application to cases of displaced archives in the Arctic. Peoples in the Arctic who have experienced colonisation have outstanding claims – some formalised, others latent – to return of records compiled by colonial authorities about them. Their claims differ in important ways from historic precedents from other parts of the world, in particular, those of newly independent States. Læs mere

Research | Forskning

In this paper, we examine the potential applicability of international legal principles on decolonisation, self-determination, the rights of Indigenous Peoples, human rights law and the right to know apply to cases of displaced archives in the Arctic. The paper seeks to identify and evaluate the sui… In this paper, we examine the potential applicability of international legal principles on decolonisation, self-determination, the rights of Indigenous Peoples, human rights law and the right to know apply to cases of displaced archives in the Arctic. The paper seeks to identify and evaluate the suitability of various established and emerging norms of international law to Indigenous-state archival relationships and archival heritage. While this paper points to a lack of legal instruments specifically addressing displaced and disputed archives in colonial and post-colonial contests, it examines how established norms supporting can assist in unravelling these claims. In assessing current norms, we highlight that the right to archives can apply to both individuals and collective political entities, particularly Indigenous and Colonial Peoples. For individuals, such a right mainly pertains to access, which is crucial for protecting rights related to family life, property, and remedies for rights violations. In the case of Peoples, access is fundamental for exercising self-determination, identifying members, territories, and resources, and defending their rights against external interference. However, our preliminary conclusion is that true self-determination requires control over the records, including the ability to decide what gets archived and how, following their own cultural protocols and legal systems. Læs mere