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The Nisga'a Final Agreement and International Norms

The Nisga'a Final Agreement and International Norms International Journal on Minority and Group Rights 11 : 299–325, 2004. 299 © Koninklijke Brill NV. Printed in the Netherlands. The Nisga’a Final Agreement and International Norms MILES HOGAN* 1. Introduction The Nisga’a Final Agreement (NFA) is the result of over 100 years confronta- tion, litigation and finally negotiation between the Nisga’a Nation of the Nass Valley, the government of British Columbia and the Canadian government. 1 It marks a significant departure as to how land claims have been resolved in Canada and in particular British Columbia. Its significance lies in the fact that it creates an entirely new level of government within the Canadian constitutional framework that has federal, provincial and municipal characteristics. It is this unique structure, which creates broad powers of self-government, resource man- agement and land ownership for the Nisga’a. The objective of this article is to analyze the NFA against a number of inter- national treaties and norms and determine whether the NFA complies with Canada’s existing and possibly future international obligations. ILO Convention No. 169 (ILO 169), the American Declaration on the Rights and Duties of Man, the American Convention on Human Rights and the International Covenant on Civil and Political Rights http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

The Nisga'a Final Agreement and International Norms

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-4879
eISSN
1571-8115
DOI
10.1163/1571811042802028
Publisher site
See Article on Publisher Site

Abstract

International Journal on Minority and Group Rights 11 : 299–325, 2004. 299 © Koninklijke Brill NV. Printed in the Netherlands. The Nisga’a Final Agreement and International Norms MILES HOGAN* 1. Introduction The Nisga’a Final Agreement (NFA) is the result of over 100 years confronta- tion, litigation and finally negotiation between the Nisga’a Nation of the Nass Valley, the government of British Columbia and the Canadian government. 1 It marks a significant departure as to how land claims have been resolved in Canada and in particular British Columbia. Its significance lies in the fact that it creates an entirely new level of government within the Canadian constitutional framework that has federal, provincial and municipal characteristics. It is this unique structure, which creates broad powers of self-government, resource man- agement and land ownership for the Nisga’a. The objective of this article is to analyze the NFA against a number of inter- national treaties and norms and determine whether the NFA complies with Canada’s existing and possibly future international obligations. ILO Convention No. 169 (ILO 169), the American Declaration on the Rights and Duties of Man, the American Convention on Human Rights and the International Covenant on Civil and Political Rights

Journal

International Journal on Minority and Group Rights – Brill

Published: Jan 1, 2004

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