Summaries of articles in English

N. I. Novikova.
HOW TO PROTECT REINDEER HERDERS: THE THIRD INTERNATIONAL SUMMER SCHOOL IN LEGAL ANTHROPOLOGY
This introductory article tells about the summer school in legal anthropology that took place in St.-Petersburg - Pushkin, on August 19-24, 2003. The school focused on the issues of protection and use of natural resources and the rights of indigenous peoples for reindeer herding as the basis for their system of life sustenance under contemporary conditions. Lecturers from Russia, Canada and Norway spoke about how this question is resolved within the frames of the international law, as well as in national and customary legal systems of Russia and Norway. Studies of rights of indigenous peoples in the wide context of human rights and legal pluralism, special attention to the possibility of consideration of traditions and customs maintained by indigenous peoples for protection (including the juridical one) of their rights for traditional land use - all this gives particular importance to summer schools. The book contains articles written by lecturers and students of the third summer school, as well as new materials published afterwards that demonstrate the process of contemporary legislative work.

Kovler A. I.
ANTHROPOLOGY OF LAW AND LEGAL PLURALISM (HUMAN RIGHTS AND RIGHTS OF PEOPLES)
The idea of legal pluralism is often repudiated by orthodox lawyers who regard it as a threat of subversion in respect to the single and indivisible will of state secured by the law, as well as to the principle of equality of rights and responsibilities endowed to all citizens.
Anthropological approach allows distinguishing those spheres of life of a human being or communities of people that encompass specific legal relations in family, economy etc., and require adequate legal codification without infringing upon the foundations of the society's legal system in general. It is more difficult to find a healthy compromise between the "common interest" and the interests of particular communities than to reject such a compromise straightaway.

Klokov K.B.
ACTUAL STATUS OF REINDEER HUSBANDRY THROUGHOUT CIRCUMPOLAR NORTH
In the circumpolar area Reindeer husbandry is developed for the greater part in Eurasia. Russia has more than 1,200,000 domesticated reindeer; Norway, Sweden, Finland and Alaska have, correspondingly, 165.000, 227.000, 186.000 and 19,000 reindeer. The number of domesticated reindeer is reducing in all countries. In Russia the recession was connected with the transformation into "market economy". The total reindeer stock has been reduced twice. In Scandinavia the reduction of reindeer husbandry on about 20% has been because pastures are situated close to populated areas, and conflicts with other industries, like farming and forestry. In Alaska the reindeer husbandry is reducing due to a conflict with growing herd of caribou. Last years the legislation on reindeer husbandry in Russia has made an important progress. Now, five subjects of the RF have special laws on reindeer husbandry, although the federal law was not still adopted.

T. Thuen
SAAMI REINDEER PASTORALISM IN NORTH NORWAY UNDER CHANGING CONDITIONS
This article introduces Saami reindeer husbandry as a special way of life which represents the most salient cultural distinctiveness of the Saami today. It gives an overview of the history of Saami-Norwegian relations concerning reindeer breeding, demonstrating how this pastoral nomadic adaptation developed on a large scale some 500 years ago and still exists on pastures that have decreased considerably due to various types of encroachments. From a situation when the reindeer breeders enjoyed a special status as nomads crossing the national borders, reindeer breeding was later confined to a status of tolerated usage of pastures owned by Norwegian farmers or by the state. In recent years, however, their rights have been reinforced, and the Supreme Court of Norway has stated that reindeer breeding has an inherited right to exist which cannot be reclaimed by legislation. Reindeer breeding is considered a cultural stronghold for the Saami, and as such it is further protected by international legislation such as the ILO Convention 169 and the UN Covenants of 1966 which state that indigenous peoples have the right to have the material resource base of their culture protected. The problem of overgrazing of pastures and the complex causes behind it are discussed, emphasising that the perception of the problem is strongly influenced by political considerations. The resent proposal by the government of a "Finnmark bill" introducing a model of co-management of natural resources in Finnmark county is strongly rejected by the Saami Parliament as well as by most of the coastal population, for different reasons. However, the question of an internal self-management of reindeer husbandry more independent of bureaucratic control and more in accordance with customary practices is not so much in focus as it should.

D. O. Khorolya.
ON PRESERVATION AND ADVANCEMENT OF TRADITIONAL BRANCHES OF ECONOMY IN THE SITUATION OF INTENSIVE INDUSTRIAL DEVELOPMENT
The article discusses the importance of reindeer herding for indigenous peoples of the North in the context of interaction between industrial development and traditional economy. The author draws a conclusion about ruinous consequences of oil and gas development activities for reindeer herders, makes suggestions for the preparation of normative acts on compensations for transferring parts of territories of traditional land use for industrial development, and addresses the issue of particular socio-economical measures that could help resolve a number of questions concerning cooperation and compensation support of reindeer herders, hunters and fishermen. The article mentions positive experience of some oil-and-gas companies and municipal institutions in establishing partner relationships with reindeer herders.

T. Thuen
CUSTOMARY LAW AND SAAMI RIGHTS IN NORWAY
Following a brief overview of how Saami territories were confiscated by the state and subsequently sold to private large landowners or retained by the state, the article states that international conventions declare an indigenous right of ownership to the lands which have been traditionally occupied by indigenous peoples. Although the government has signed these conventions, this right has until now been neglected by the Norwegian government. The issue of ownership is also a matter of some dispute among the Saami, however. Only a small proportion of the Saami are reindeer herders, and a large part of them live in communities together with Norwegian neighbours who also utilise land based and marine resources in the same ways as do the Saami. Consequently, there is a potential disagreement among people on the question of making customary usage the basis of legal claims to resources on an ethnic basis. The meaning of "customary" in this context is discussed, arguing that it should not be considered "traditional" in the sense of continuing and specific ways of resource management, rejecting new opportunities produced by altered circumstances, new technologies, market connections, etc. It is further mentioned that customary practices should also include the right to local self-determination in the pursuit of a livelihood, and in addition, the right to differential treatment by administrative institutions in a more general sense. This leads to a brief discussion of the opposition between two principles which are at the base of indigenous interest articulation, the principle of cultural protection versus the principle of self-government. When cultural preservation is the ultimate aim of indigenous claims, it is easily understood to be a claim of protection of an objectified cluster of cultural traditions. In conclusion, a specific case of indigenous rights to a resource area is presented as an example of how the Supreme Court of Norway has concluded that customary practices pursued as if the local inhabitants of the community in question were the real owners (and not the state), should be accepted as the legal base of removing ownership rights from the state to the local inhabitants.

N. I. Novikova.
CUSTOMARY NORMS OF INDIGENOUS PEOPLES OF THE NORTH: WHO IS GOING TO ESTABLISH THE RULES FOR REINDEER BREEDERS?
The article analysis peculiarities of formation of "aboriginal law" in Russia as a process of interaction of indigenous peoples, researchers and politicians. The problems of interpretation of the tradition in the scientific community and public opinion are discussed. The importance of customary norms in law making and enforcement are illustrated. The peculiarities of customary norms of aboriginal population of Russian North in the modern context and concrete measures of their incorporation into the country's legal system as an important legal remedy to applied when the rights to traditional way of life are defended are described.

G. P. Kharjuchi.
CULT PLACES - SACRED LANDSCAPES IN NENETS TRADITIONAL WORLD-VIEW
The article focuses on one of the major elements of traditional Nenets world-view - sacred landscapes and the role they presently play in preserving not only of the territory of habitation, but of people's culture. Legislation on Protection of Natural and Cultural Heritage is analyzed, alongside with the results of sociological research conducted within the frames of the international project "Importance of Preservation of Sacred Places of Arctic Indigenous Population: Sociological Research in the Russian North". The article addresses a complicate issue of limits to which aboriginal culture may be "open" nowadays, when knowledge about sacred places may become a foundation for their preservation or destruction.

I. S. Breus.
PAST AND PRESENT OF CUSTOMARY LAW: TO THE QUESTION OF THE CONTENT OF THE TERM
Scholars of the second half of the XIX c. conducted substantial research in attempts to define the notion of "customary law" and the role it played in the process of formation and development of the Russian law as a whole. Customary law was conceived as a complex of legal relations based upon existing legal customs rather than legislative acts. Domination of official law in all spheres of life is characteristic to the contemporary legal situation in Russia. The use of such a term as customary law in relation to certain contemporary phenomena does not seem to be justified because of the lack of a stable complex of norms with effective tools of regulation of possible conflict situations. One may speak of particular customs, including the legal ones, the existence of which may not be disregarded by lawmakers, for these customs continue to play a considerable role in certain life situations. The possibility to use the experience accumulated by generations of people in the form of existing customs in legislative activity may make the law less "depersonalized", and the sanctions - more flexible.

O. A. Povoroznyuk
NATURE MANAGEMENT OF KALAR EVENKS: STATE REGULATION AND CUSTOMARY NORMS.
In the paper an attempt to analyze the role of customs and traditions of nature management in the regulation of the present status of indigenous peoples of the North, namely Evenks, is undertaken. The author provides a summary of customary norms in the sphere of traditional land use of Evenks in the XIX - early XX centuries on the one hand, and describes a present legal status of Evenks in Chita Province, Russia on the other hand. Further, customs and traditions still regulating daily activities and land use practices of the people organized in obshinas are illustrated. In conclusion the author considers the opportunities for the use of existing customary norms of Evenks in negotiation process and court trials as played during summer school classes.

P. N. Pavlov.
CONSTITUTIONAL AND LEGAL FOUNDATIONS OF REGULATION AND PROTECTION OF THE RIGHTS OF SMALL INDIGENOUS PEOPLES OF THE NORTH FOR NATURAL RESOURCES
The article analyzes requirements of articles 69 and 72 of the Constitution of the Russian Federation in the context of securing the rights of aboriginals and their associations for natural resources. Special attention is given to the question of how constitutional norms on small indigenous peoples are realized in legislative acts on nature use and property rights for natural resources. The article reveals the "blank" character of the constitutional statements above mentioned in that they make both the legislator and the applicant address the norms of international law in dealing with the problems of aboriginals. The article analyzes the connection between constitutional norms, norms of international law and of national legislature in the sphere under discussion.

P. N. Pavlov.
USE AND PROTECTION OF LANDS BY SMALL INDIGENOUS PEOPLES: ISSUES OF LEGAL REGULATION
The article analyzes legislation regulating relations in the sphere of land use and land protection by small indigenous peoples of the North. Corresponding problems are discussed with regard to specific structure and legal regime of the land necessary for these peoples for maintaining life activities. Special attention is paid to the issues of balanced implementation of public and private law regulations in the sphere above mentioned. The article also mentions the new land legislation and the possibility of its realization in order to protect the indigenous habitat and traditional way of life of small aboriginal peoples of the North. Based on the analysis of the new land legislation, the article points out legal problems emerging in the sphere under discussion and gives recommendations for their resolution.

V. M. Etylin.
THE BILL "ON THE NORTHERN REINDEER BREEDING"
An article describes briefly history of work on the bill about reindeer breeding as characteristic of traditional nomadic and semi-nomadic way of life, provides comments on its articles. It focuses on issues of state regulation in reindeer breeding and support to various forms of organization of reindeer enterprises in the modern context, on the problems of alienation of the land to industrial exploration. The text of the bill prepared by the State Duma is enclosed.

Kovler A. I.
THE EUROPEAN COURT ON HUMAN RIGHTS AS A LEGAL REMEDY APPLIED TO DEFEND INDIGENOUS PEOPLES' RIGHTS.
The European Convention (1950) represents a part of international legal mechanism intended for the protection of individual and collective rights. Without establishing a special regime for the so-called "national minorities" (as opposed to the European Council Framework Convention on the Protection of National Minorities) it nevertheless has a significant practical importance in the field of protecting the rights of small-numbered indigenous peoples because its observance is provided by a unique body - the European Human Rights Court. The jurisdiction and binding force of the Court's decisions and rulings are recognized by all Convention member countries, including Russia that ratified the Convention in 1998.
Of special importance for indigenous peoples' representatives are Article 6 (Right for Fair Court), Article 8 (Right for Respect of Private and Family Life), Article 13 (Right for Effective Legal Protection Means), Article 14 (Prohibition of Discrimination) and Article 1 of Protocol 1 (Protection of Property).
Using specific examples of cases decided by the Court, in particular the Muonio Saami Village v. Sweden case (Court decision of January 9, 2001), the author thoroughly analyzes the conditions for accepting the complaints sent to the European Court as well as the specifics of considering the so-called "collective complaints".

G. N. Kuznetsova.
JUDICIAL DEFENSE OF THE RIGHTS OF INDIGENOUS PEOPLES OF THE NORTH
The article suggests the order of taking legal actions aiming at dispute resolution in accordance with the new Civil Procedural Code of the Russian Federation (in effect since February 1, 2003).
The author concentrates on the following issues: form and order of addressing to the court of general jurisdiction, procedure of legal examination of cases, order of appeal of a court decision if it does not satisfy the parties etc. The order of enforcing court decisions that came into effect is briefly described.
No doubt, one article can not cover all details and subtleties of the legal procedure in the court of general jurisdiction - anybody seeking legal resolution of a dispute will inevitably come across a lot of new questions and nuances.

D. Burch and J. Keeping
THE CANADIAN EXPERIENCE ON NEGOTIATING BENEFITS AGREEMENTS BETWEEN COMPANIES AND INDIGENOUS COMMUNITIES
This paper focuses on negotiations between companies and indigenous communities in the Canadian north. Before the mid 1980's companies did not often address the social impacts on local communities. Benefits for communities were not considered and impacts to culture and social conditions were not included in project planning.
An inquiry (mid 1970's) examining the impacts of a proposed pipeline on indigenous communities in the Northwest Territories of Canada, recommended no oil and gas activities for at least 10 years. This gave indigenous communities the time necessary to build capacity to receive benefits from resource activities on their traditional lands.
By the mid 1980's the community of Fort Good Hope and Chevron Resources completed a joint venture agreement. This agreement, an early example of a partnership between a community and a company, addressed a range of social, economic and environmental impacts. This agreement helped pave the way for future agreements between companies and communities.
Recent agreements, commonly referred to as "benefits agreements", include a range of benefits for communities, including: social economic, environmental, and cultural.
Companies now negotiate benefits agreements with indigenous communities for several reasons. First, legislation supports indigenous participation in projects on traditional lands. Second, communities through education and experience are able to more effectively participate in resource activities on their lands. Third, companies now understand that strong relationships with local communities enhance the stability and success of their projects.

Peskov V. V.
RELATIONSHIP OF "YASAVEY" ASSOCIATION WITH OIL-EXTRACTING COMPANIES
The article presents information on relationship between oil-extracting companies with the Nenets autonomous okrug, and the experience of activity of the public movement "Association of Nenets people "Yasavey" during 2001-2003. Nenets autonomous okrug is the northern part of Timano-Pechorskaya oil-and-gas extraction province where intensive exploration and extraction of oil started in 1970ies. The new stage of oil branch development in 1990ies and the coming of private companies to Nenets okrug produced a considerable impact upon all layers of society in it, first of all indigenous peoples of the North and reindeer herders in particular. One of the major initiatives of the public movement "Yasavey" was the organization of the annual round table "Development of natural resources in Nenets okrug. Indigenous peoples and oil companies: perspectives of relationships" where all parties discuss the existing situation and possible ways of problems resolution.

S. V. Vasin.
ON SOME WORK EXPERIENCE OF THE COMMITTEE OF THE NORTH (SURGUT REGION ADMINISTRATION) IN REGULATING RELATIONS BETWEEN SMALL INDIGENOUS PEOPLES OF THE NORTH WITH ENTERPRISES FOR EXTRACTION OF MINERAL RESOURCES
In the Surgut region of Khanty-Mansi autonomous okrug 70% of territory is occupied by 155 areas of traditional land use of regional importance. 1942 people maintain traditional way of life and economy on this land. The region is the most developed one in Khanty-Mansi autonomous okrug, where over 80 million tons of oil is extracted each year. Over the last decade contractual relations were formed between industrialists and small indigenous peoples of the North, to compensate the negative impact of industry upon the territories of traditional land use. The obligation to conclude contracts is stipulated by the legislation and the conditions of license agreements signed between the Government of the autonomous okrug and oil companies.
In general the contractual system of reaching compromise between aboriginals and industrial enterprises plays a positive role. Yet it may fail in conflict situations when the perspective of oil extraction development is tied with the necessity to cease reindeer herding and other traditional activities.
The appendix includes:
The plot of the role-playing "Negotiations between an obschina (community) of indigenous peoples of the North and an oil corporation";
The program of the 3-d International Summer School in Legal Anthropology;
The list of authors;