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Hingitaq 53, Petersen and Others v. Office of the Prime Minister of Denmark

Denmark.  28 November 2003 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Indigenous peoples — Property rights — Recognition of indigenous land rights — Indigenous Inughuit population of Thule in Greenland — ILO Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989 — Whether Inughuit constituting distinct indigenous people separate from main population within meaning of Convention — Forced resettlement in 1953 to make way for United States air base — Right to return — Right to compensation — United States — Denmark Agreement concerning the Defence of Greenland, 1951 — Whether providing adequate legal basis for expropriation and resettlement under municipal and international law — Whether satisfying requirements for legality under Danish Constitution

Relationship of international law and municipal law — Treaty obligations — Effect under municipal law — United States — Denmark Agreement concerning the Defence of Greenland, 1951 — Obligations of State in relation to private claimants — Memorandum of Understanding between States Parties to Agreement — Effect on rights of private claimants — Interpretation of treaties — ILO Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989 — The law of Denmark

Type
Case Report
Copyright
© Cambridge University Press 2011

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