Hunters of forests and waters: Late Iron Age and Medieval subsistence and social processes in coastal northern Sweden

During the course of the 14th century the Swedish Crown and the Catholic Church made robust attempts to include the areas beside the Bothnian bay within their central fiscal and clerical organization. Salmon fishing in the productive river rapids became major targets for external commercial interests. Written records inform us about the situation from the perspective of the exploiters. However, there is a story running in parallel – that of the local population already occupying the lands and the fishing grounds. The study aims to analyse the significance of hunting and fishing to the overall subsistence of coastal communities in northern Sweden during the period AD 500–1600. The social context is of particular interest, specifically in relation to the successive conformation by the local communities to the Swedish fiscal system. The study draws on archaeological records and on historical records from the 14th to the 17th century, in addition to ethnographic accounts for hunting and fishing. We conclude that the legal cultures embraced by the indigenous population and that of the Swedish central powers were in essence incompatible. The acquisition of land and fishing rights was never settled between two equal parties, but one-sidedly enforced by the party holding the pen.     

Environment, race and nation reconsidered: reflections on Aboriginal land claims in Canada

The course of development in Northern Canada has been transformed in the last 30 years by the comprehensive land claims process. For much of the twentieth century, the settlement and development of northern Canada was experienced by Aboriginal people as a continuing process of encroachment on (and sometimes transformation of) their traditional territories, and of restriction of their customary livelihood. Examples of this process included the alteration of river systems by impoundment and diversion, the pollution and contamination of river systems, government restrictions on hunting and fishing and population relocation and sedentarization. Aboriginal political and legal action led, in the 1970s, to the establishment of a formal process for resolving Aboriginal land claims, and to revised judicial interpretation of Aboriginal and treaty rights. The paper describes how geographers have contributed to documenting those claims, and how land claims settlements have altered the land and resource regimes in northern Canada, and concludes with some observations on the effectiveness of those remedies, and on the changes in Canadian perspectives on Aboriginal northerners, the northern environment and northern development .     

Assessing side-payment and cost-sharing patterns in international water agreements: The geographic and economic connection

To a large degree, conflicts over transboundary freshwater resources arise because property rights have not been clearly defined. International water law provides only hints and suggestions as to how states should resolve their water disputes, since legal principles and clauses are ambiguous and contradictory. But conflict often creates a need for cooperation, which is achieved by means of negotiations, and the specific outcome of negotiations is almost always codified in an international treaty. This article considers bilateral water agreements for rivers with particular geographical configurations and aims to answer a fundamental question: how and why do bilateral treaties vary in their design? Further, it examines international freshwater treaties to deduce the nature of treaty remedies, particularly the side-payment and cost-sharing arrangements, used for resolving conflict over rivers shared by two countries. The theory and testable hypotheses consider geography and economics in order to explore treaty design. In essence, the ‘willingness to pay’ of one of the states reflects on the property rights solution and can be explained by geography and economics. Three geographical configurations are investigated here. The findings affirm that side-payments frequently occur to offset an asymmetric geographical relationship between upstream and downstream states, and are commonly regarded as an appropriate instrumentality for solving a property rights dispute. Side-payments are non-existent when the geographic relationship among the riparians is symmetric and costs for the joint project are most always equally shared. As expected, in this latter case, the geography of the river acts as a focal point for equal participation. When economic differences are taken into account, especially when the upstream state is richer, the side-payment outcome is reversed. As expected, richer states internalize the costs of taking action in favor of poorer downstream states. When the geographical relationship between the riparians is of a symmetrical nature, while the economic relationship between the states is of an asymmetrical nature, the richer state often assumes the bulk of the cost burden. In this way, it provides a side-payment to the poorer state. Such patterns reveal how property rights disputes over issues such as water quantity, hydropower, pollution abatement, and flood control have been concluded. They suggest how ongoing disputes may be resolved.     

Gender,Identity and Agency in Philippine Upland Development

Conventional feminist political analysis has considered male interests as historically institutionalized by the state, thereby claiming that women are largely ‘edged out’ in state programmes. By studying a state programme of granting ancestral domain tenurial rights to the Kalanguya in the northern Philippines, this article argues instead that women also edge themselves out. Kalanguya village women have linked with markets and are less interested in tenurial struggles with the state since such struggles underscore their indigeneity and their special role as resource managers, an identity they wish to discard. Men, for their part, attach themselves to the past and identify themselves as being ‘indigenous’ to make claims on land in the present, strategically aligning themselves with the state agenda on sustainable resource management. This article explores perspectives that provide more nuanced understandings of the different ways in which women and men may position and identify themselves as ‘indigenous’ as they engage with state programmes and markets, and argues that, under certain conditions, women through their agency may not be the natural constituency for natural resource management‐related programmes that they are often assumed to be.     

Intertextual relations: The geopolitics of land rights in Thailand

This paper explores the geopolitics surrounding the “modernization” of the formal property rights regime in land in Thailand (formerly Siam) from the mid 1850s to the late 1930s. The paper argues that this weak, peripheral state, in pursuit of international recognition of territorial and jurisdictional sovereignty, employed a strategy of “counter-spatialization” in order to mitigate or deny claims for control over natural resources and population groups by imperial powers. The intertextual dimensions of this “spatial” mode of resistance are elucidated through a close reading of the ways in which diplomatic negotiations of a series of unequal treaties, beginning with the Anglo-Siamese treaty of 1855, shaped—and were shaped by—the formulation and implementation of regulations governing formal property rights in land in Siam. The political economy of land rights at the large scale (local implementation of land titling) and the medium scale (enactment of national land laws) was nested within a process of geopolitical contestation over land rights at the small scale (international recognition of Siamese territorial sovereignty).     

Extracting sovereignty: Capital, territory, and gold mining in Tanzania

In contemporary discussions of “resource nationalism,” sovereignty is often imagined as the exclusive control of national states over internal resources in opposition to external foreign capital. In this paper, we seek to draw attention to the specifically national territorial forms of sovereignty that - rather than hindering the flow of capital - become constitutive to the accumulation of resource wealth by states and capital alike. Drawing from political geographical theorizations of sovereignty, we argue that resource sovereignty cannot be territorially circumscribed within national space and institutionally circumscribed within the state apparatus. Rather, sovereignty must be understood in relational terms to take into account the global geography of non-state actors that shape access to and control over natural resources. Specifically, we engage national-scale state sovereignty over subterranean mineral resources in the form of legal property regimes and examine the mutually constitutive set of interdependencies between mining capital and landlord states in the accumulation of resource wealth. Using Tanzania as a case study, we argue that national-scale ownership of subterranean mineral resources has been critical to attracting global flows of mining capital from colonial to contemporary times. We first examine the history of the colonial state in Tanganyika to illustrate how land and mineral rights were adjudicated through the power of the colonial state with the hopes of attracting foreign capital investment in the mining sector. We then examine contemporary efforts on the part of the independent United Republic of Tanzania to again enact legislation meant to attract foreign mining companies - and the consequences for local populations living near sites of extraction.     

Interspatial gender asymmetries in early Soviet Siberia

The article addresses gendered power asymmetries within indigenous communities of early Soviet Siberia and their shifts during the transitional period between the Russian Empire and the totalitarian Soviet state. The concept of entangled relational spaces is the main analytical tool of this article. Seeking to overcome identity-based essentialisms, the article deconstructs gender identity and demonstrates how it can be articulated and interpreted in different relational spaces. It extends the argument that oppressions are produced by various social categories (intersectionality) by adding that a single social category may beget various forms of oppression and that heterogeneous gender asymmetries are produced and manifested across different relational spaces. Evidence deriving from predominantly indigenous sources authored by women enabled the discussion of gendered power asymmetries in economic, legal, and political spaces produced by corresponding relations. Economic and demographic crises, which the indigenous peoples of Siberia endured in the 1910s–1920s, reduced gendered power asymmetries in economic spaces making women less dependent on men. On women's initiative the shifts then spread to legal spaces and, with the support of the Bolshevik government, affected political spaces. These shifts were closely connected to the early Soviet attempts at dialog with indigenous people, decolonizing Siberia and liberating indigenous women, and gave way to instrumental policies.     

Tuna Dreams: Resource Nationalism and the Pacific Islands' Tuna Industry

The 1982 United Nations Law of the Sea was expected by many to lead to a drastic redistribution of income from the world's fisheries. This article explores the extent to which this happened by examining the case of the Pacific Islands' tuna industry. The analysis shows that even though these developing countries gained legal jurisdiction over some of the largest tuna stocks in the world, they encountered tremendous obstacles when they attempted to convert those tenure rights into concrete economic gains. Notwithstanding their success in organizing and co-operating amongst themselves, the Pacific Island countries (PICs) were unable to compel the distant water fishing nations to pay them more than a nominal access fee. When the PICs tried instead to develop their own tuna industries, they were disadvantaged by being located at the raw material end of the commodity chain. This case study suggests that a change in property rights is only a starting point for achieving increased equity in a global natural resource industry; not only do the new resource owners have to develop expertise in managing their ‘property’; they also need to develop a good understanding of the organization and operation of these natural resource industries.     

Peace without social reconciliation? Understanding the trial of Generals Ríos Montt and Rodriguez Sánchez in the wake of Guatemala’s genocide

ABSTRACT

This article argues that the legal trial against Generals Efraín Ríos Montt and José Mauricio Rodriguez Sánchez for genocide and crimes against humanity has evidenced the interplay between the complex factors shaping post-conflict reconstruction and social reconciliation in post-genocide Guatemala, and, ultimately, the disjunctive impact of the country’s peace process. The ‘genocide trial’ then is more than a legal process in that it represents a thermometer for Guatemala’s peace process and, ultimately, for testing the nature and stability of the post-genocide/post-conflict conjuncture. Interiorization of human rights frameworks and justice mechanisms by indigenous and human rights activists, including of the Genocide Convention, has consolidated a partial rights culture. However, the trial and the overturning of its verdict have simultaneously evidenced the instability, fragility and disjunctive nature of post-conflict peace and the continuing impact of the profound legacy of the genocide and of social authoritarianism. The article argues that while the trial has wielded broad impact within both state institutions and society, consolidating indigenous political actors, it has simultaneously fortified spoilers and evidenced indigenous collective memory as a fragmented and contested sphere.     

(RE)MAPPING INDIGENOUS ‘RACE’/PLACE IN POSTCOLONIAL PENINSULAR MALAYSIA1

ABSTRACT. This paper focuses on how indigeneity has been constructed, deployed and ruptured in postcolonial Malay(si)a. Prior to the independence of Malaya in 1957, British colonial administrators designated certain groups of inhabitants as being ‘indigenous’ to the land through European imaginings of ‘race’. The majority, politically dominant Malays were deemed the definitive peoples of this geographical territory, and the terrain was naturalized as ‘the Malay Peninsula’. Under the postcolonial government, British conceptions of the peninsula were retained; the Malays were given political power and recognition of their ‘special (indigenous) position’ in ways that Orang Asli minorities—also considered indigenous ‐ were not. This uneven recognition is evident in current postcolonial political, economic, administrative and legal arrangements for Malays and Orang Asli. In recent years, Orang Asli advocates have been articulating their struggles over land rights by drawing upon transnational discourses concerning indigenous peoples. Recent judicial decisions concerning native title for the Orang Asli potentially disrupt ethno‐nationalist assertions of the peninsula as belonging to the ‘native’ Malays. These contemporary contests in postcolonial identity formations unsettle hegemonic geopolitical ‘race’/place narratives of Peninsular Malaysia.     

‘Es honor de su nación’: Legal Rhetoric,Ethnic Alliances and the Opening of an Indigenous Convent in Colonial Oaxaca

This article examines the manner in which the caciques (noble Indians) and principales (Indian notables) from the Oaxaca region in New Spain adopted a ‘legal rhetoric’ in their quest to open a convent for noble Indian women during the eighteenth century. Through a close reading of the legal documentation produced in the petition for the convent for indigenous women in Antequera, I find that the caciques strategically used the same laws that had placed them in a subordinated place in the social hierarchy of the colony in order to negotiate certain rights and privileges. Aware of their belonging to the legally determined category of ‘Indians,’ indigenous peoples from the Valley of Oaxaca appealed specifically to the laws that had granted them a special judicial place in the colonial scheme. By referencing the Recopilación de las leyes de las Indias and several royal decrees (cédulas), the caciques appealed to colonial officials at a key historical moment, when Bourbon reforms sought to modernize all institutions, including the Catholic Church.     

论历史性权利在海洋划界中的作用

历史性权利在海洋划界中作用的法律基础既包括条约法也包括国际习惯法。历史性权利分属不同的法律基础,使其在海洋划界中发挥不同的作用。以《联合国海洋法公约》为代表的条约法,规定了历史性所有权或历史性海湾在领海划界中的优先作用,明确了历史性所有权、历史性水域在海洋划界争端解决程序中具有任择性例外的作用,并确立了历史性捕鱼权在群岛水域划界中具有特别适用的功能;而国际习惯法确立的历史性权利规则在海洋划界中的作用,虽然目前国际法上尚无明确规定,但在国际实践上,其主要以并行适用方式发挥作用。历史性权利在海洋划界中的不同作用,为未来我国与周边国家尤其是南海周边国家海洋划界提供国际适法导引。     

Pawns,pirates or peacemakers: Fishing boats in the inter-Korean maritime boundary dispute and ambivalent governmentality

Extractive activities such as oil drilling, mining and fishing often appear implicated in international maritime boundary disputes. While natural resources' crucial role as a catalyst for conflict has been well-noted in the literature, such an approach has typically assumed a contextual and passive position of natural resources with little political agency for altering the dynamics of a confrontation. This paper provides an alternative perspective in which resource activities constitute a willful agent that works in part to govern the course of the boundary dispute. Drawing on Foucault's notion of governmentality, I look at how South Korean fishing activities near a disputed maritime border between the two Koreas, called the Northern Limit Line, may be imbued with intentionality representing an indirect arm of the state's geopolitical agenda. Mobilizing the realist narrative of an immovable border and the mundane tactics of education sessions and at-sea radio communication, I suggest that the South Korean government is seeking to create subjects in fishers to reinforce the state objectives of boundary legitimization and defense of claimed waters. The analysis, however, also demonstrates an ambivalent nature of governmentality, with fishers muddling the state interventions through their own conduct and rationale. The South Korean government thus faces a delicate task of managing the fishing operation vis-à-vis the boundary dispute. Taking the seemingly innocuous resource activity such as fishing to the center stage of power relations, this paper also tables one way of engaging with maritime boundaries, one of the understudied domains in political geography.     

Post‐Conflict Ambon: Forced Migration and the Ethno‐Territorial Effects of Customary Tenure

In post‐conflict contexts characterized by large‐scale migration and increasing levels of legal pluralism, customary land tenure risks being deployed as a tool of ethno‐territorialization in which displaced communities are denied return and secure land rights. This thesis will be illustrated through a case study of the Indonesian island of Ambon where a recognition of customary tenure — also called adat — was initiated in 2005 at the end of a high‐intensity conflict between Christians and Muslims. Although a system of land tenure providing multiple forms of social security for the indigenous in‐group, adat in Ambon also constitutes an arena of power in which populations considered as non‐indigenous to a fixed historical territory are pushed into an inferior legal position. The legal registration of customary tenure therefore tends to be deployed to settle long‐standing land contests with a growing migrant community, hereby legally enforcing some of the forced expulsions that were brought about by the recent communal violence.     

When the personal becomes political: using legal reform to combat violence against women in Ethiopia

This article focuses on Ethiopia's first civil society organisation, the Ethiopian Women Lawyers Association (EWLA), which has been campaigning for legal reform to secure women's rights and address violence against women. Implementing legal changes to benefit women in Ethiopia is impeded by difficulties in using the formal legal system, by poverty and deeply embedded gender inequalities, by plural legal systems, and by entrenched cultural norms. However, the article argues that the most significant challenge is the increasing degree of authoritarianism in Ethiopian state politics, that this is crucial in determining the space for activism, and that this shapes the successful implementation of legal change. The research shows how women's activism around personal rights challenges public/private and personal/political boundaries and can be seen as a political threat by governments in contexts where democracy and rule of the law are not embedded, leading to repression of women's activism and hindering the implementation of measures to protect women's rights when states become more authoritarian. Little is known empirically about the impact of democratisation on the implementation of measures to protect women's rights in Africa. This article shows how the emergence of democracy and legal reform intersects with the emergence of women's rights, especially with respect to gender-based violence. It shows how trying to secure women's personal right to be free from violence through the law is profoundly political and argues that the nature of democratisation really matters in terms of the implementation of measures such as legal changes designed to protect women's rights.     

Mixed Outcomes: The Impact of Regional Autonomy and Decentralization on Indigenous Ethnic Minorities in Indonesia

This article examines how indigenous ethnic minorities in Indonesia are being affected by the implementation of decentralization and regional autonomy policies. New legislation transferred responsibility and authority over various issues, including resource extraction and local governance, from the central government to regional authorities at the district level. Members of the growing indigenous rights movement hoped that this decentralization process would allow ethnic minority communities to retain or regain control over natural resources through local‐level politics. Furthermore, some ethnic minorities saw the implementation of decentralization as an opportunity to return to local forms of land tenure and resource management that had been disparaged by the national government for most of the twentieth century. However, these new laws also encourage district level governments to generate income through natural resource exploitation, as they will receive a certain percentage of these revenues. Minority communities could be adversely affected as local governments disregard their land rights in efforts to raise income to cover their new expenses, essentially continuing the practices of previous governments. This article examines the new opportunities, as well as the new threats, posed by decentralization to ethnic minorities throughout Indonesia.     

Unlikely amazons: Brazilian indigenous gender constructs in a modern context

Feminist theory predicts that when traditional societies with egalitarian gender relations contact European state societies in which gender stratification exists, the traditional society will adopt the European gender construct. This rule may be modified in cases where the relations between the two types of society are modulated by interpretive processes which allow the state society to appropriate symbols of the indigenous culture for their own purposes, and the indigenous society to shape contact and change as they occur. This article describes how European contact transformed gender constructs among the Bakairí Indians of central Brazil, while accounting for the presence of an anomalous group of women who behave differently to the typical Indian woman. It explains how individual Bakairí, along with the support of key Brazilian institutions, have employed interpretively the early-contact indigenous version of the female gender role to authenticate the indigenous identity.     

Ownership matters: Natural resources property rights and social conflict in Sub-Saharan Africa

Empirical tests of the “resource curse” thesis have provided inconclusive evidence for the claim that natural resource abundance increases the risk of social conflict. The present article argues, based on a novel political economy framework and a new data set, that it is important to analyze how states regulate the access to their natural resources to understand the interrelationship between resources and public resistance against resource extraction arrangements. We claim that international rather than state resource ownership fosters the regional protest potential and overshadows the efficiency gains that foreign investment might create. Especially the siphoning of resource rents to international owners instigates resentment among the local population. Distinguishing between private, public, domestic and international ownership arrangements, we assess the effects of natural resources control rights regimes on state repression using new GIS-based data on diamond and gold mines as well as oil and gas fields in Sub-Sahara Africa. Our multilevel analysis shows that repression as an answer to societal dissent is particularly likely in grids hosting international oil companies. Furthermore, we find that international oil firms further state repression especially under insecure property rights.     

Naturalizing the state and symbolizing power in Russian agricultural land use

Land is intertwined with politics: both as a sine qua non for the territorial state, as well as a spatially limited natural resource through which geopolitical power and advantage are articulated and enacted. This remains the case, notwithstanding the emergence of global and planetary frameworks for land management towards collective environmental and developmental goals. Indeed, such frameworks contend with narratives and practices that not only treat land as a strategic national resource, but entangle it with the very ontology of statehood itself. This study examines such state-natures through the case of Russian agricultural land use. Analyzing governmental discourse from 2000 to 2020, it examines how in the extensive cultivation of agricultural land has come to be a hallmark of twenty-first century vertical and horizontal symbolic state-making: both as an instrumental means of enhancing the state's geopolitical power, as well as a means by which state is reified as environmentally sovereign and self-subsistent. So doing, the study complements a growing body of work in critical environmental geopolitics that has tended to eschew state-based analysis, or else leave the state underproblematized. As I argue, considering how the state is made natural, in turn helps to understand how nature is politically if not ontologically entangled in geopolitical thought and practice—in ways that attempts to act upon and indeed bring about wider-scale environmental subjects must contend.     

Farmer-fishermen: interior lake fishing and inter-cultural and intra-cultural relations among coastal and interior Sámi communities in northern Sweden AD 1200–1600

Although the productive fishing grounds had long attracted the Crown and the Church to northern Sweden, it was not until the sixteenth century that the judicial and fiscal powers of the Swedish Crown were exercised in full. Records show that the regular fishing in interior lakes formed a prominent enterprise among coastal farmer communities. This paper examines the social and economic context of farmers engaged in interior fishing with respect to the internal organization of village communities, principles of private and collective ownership, land-use strategies and inter-community relations. There are no a-priori assumptions about the coastal population being “Swedish”. Instead of applying ethnonyms, the terms “farmer” and “coastal” are used throughout the paper. The main area of investigation includes the coastal area of northernmost Sweden and the western parts of Finnish Lapland. The study shows that interior lakes fitted into village resource areas, long sanctioned by usage, and that usufruct belonged to village members collectively. A large part of the fishing lakes are situated in interior Sámi territory. Fishermen were internalizing Sámi place names, implying close relations between the groups. Archeological investigations point to subsistence strategies including systemic interior lake fishing being established before AD 1200. The authors propose that coastal and interior communities should be perceived as two economic strategies representing indigenous and pre-colonial land-use schemes.