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The Sami, who straddle three Nordic countries and the Russian Federation, are an Indigenous people who have lived on their lands since time immemorial. The legal framework that governs them must take into consideration that they are a semi-nomadic people, as some of their population live in settled communities while some practice a nomadic lifestyle. Their land use bears similarities to those of the indigenous peoples of the United States, Canada and Australasia in terms of grazing and living in harmony with the environment. The Sami have been granted a dispensation that provides them partial sovereignty through the establishment of Parliamentary Assemblies in Norway, Sweden, and Finland. The establishment of these new bodies has not dissipated their need to assert ownership over land and to resist industrial exploration owing to the grant of mineral licenses that have viscerated their rights. The issue is whether the Sami can achieve restitution by an assertion of full title to land in Norway, which has the highest percentage of Indigenous population in Scandinavia, and whether public-interest litigation based on self determination is available to them to achieve this goal. This Paper argues that the Sami can affirm their land claims in fee simple by legal processes in the courts and achieve this ownership as an indigenous right to land if that is recognized to be sui generis.

There are different types of equitable estoppel under English law including promissory estoppel, estoppel by convention and proprietary estoppel. In this article the various types of estoppel under English law are considered and the doctrine of proprietary estoppel in the context of the creation of a trust is discussed. The English doctrine of equitable estoppel is compared to the principle of promissory estoppel in United States law, including the superimposition of the Statute of Frauds. Its protection of the principle of equitable estoppel has extended to the mixed jurisdiction of Louisiana which has adopted the civil law remedies which are equivalent and lead to similar outcomes. [ABSTRACT FROM AUTHOR]

The claims for the restitution of legal estate by the Indigenous peoples are often without the benefit of a written agreement when they have to prove a spatial and temporal connection with ancestral lands. The witness testimony from a storyteller who is keeper of the historical records is in the absence of documentary evidence and the court has to be convinced of the probative value of the evidence before the oral testimony is admissible as an exception to the rule against hearsay. This presents immense obstacles to Indigenous litigants, who are governed by customary laws and whose narratives regarding the claims on land are conveyed intergenerationally. The court structures based on common law exclude such evidence as hearsay, which has prevented claims on land in North America, and in Norway, which has a Eurocentric court structure. There is a need for a framework in the procedural codes of the common law courts and by extension of all courts where Indigenous people own lands or exercise rights over them to formalise the reception theory of evidence. This will contextualise the terminologies, expressions and idioms that are included in Indigenous story testimony and their authenticity can be framed in protocols which courts could resource before ruling whether the narrative testimony is admissible. [ABSTRACT FROM AUTHOR]

International sports law is a sui generis set of principles which transcends both public and private spheres. This is highlighted through the disjunction between the conception of nationality in the sports world and that of general legal nationality, particularly in the composition of national teams in international competition. In Soccer this has been given prominence by the multifaceted nature of citizenship, historically and cross-nationally, which makes assessing nationality exchange more complex and the swing in the market makes it necessary to evaluate market factor in the world's most popular sport. The dispensation favours the European countries who have been able to recruit players early in their development and transfer them to Europe to represent the countries in the EU. This paper considers whether FIFA's laws can implement the process of naturalisation in soccer based on the genuine link doctrine to preserve the needs of the developing countries while at the same time prevent the poaching of talented youth footballers of these countries and inducting them in European clubs. The need exists to reverse the football migration from Europe to the countries of origin for the effective development at youth level of countries in Africa and make it possible for trained professionals who have already represented European teams to represent their countries of origin in tournament football. [ABSTRACT FROM AUTHOR]

The UK government has the evidence of minorities of South Asian origin who suffer from victimisation in employment based on caste. The intra racial prejudices within the Asian community have been exposed in recent years by the 'outcastes' or the 'untouchables'(Dalits), who have suffered employment discrimination because their rights have been abused. The evidence that caste hatred in based on socio economic variables in employment can be found in the cases that have come before the courts and there have been findings that there has been victimisation against those who belong to the lowest castes. There is a need to evaluate the provisions of the Equality Act 2010 and the power available under section 69 of the Enterprise Regulatory and Reform Act 2013 to raise caste as a basis for discrimination in the courts. The obstacles in the enforcement of the Equality Act are in the positive duty which is difficult to implement for the employer in recruiting staff and causes difficulties of interpretation. This paper argues that the scope of legislation should be extended to take into consideration ICERD definition of racial discrimination and a wider ambit of protection should be available tin employment contracts in which caste is included to provide a remedy when discrimination is in industry. [ABSTRACT FROM AUTHOR]

The impact of Brexit will have major implications for workers in the construction industry, because the United Kingdom's exiting of the European Union will end free movement and restrict migration by a point scoring system based on salary and skill level. The workers who benefitted from free movement from Eastern Europe will be restricted by the imposition of the Tier 2 system, which restricts the employment of migrants to either a 'highly skilled' role or 'medium skilled' personnel. This will exclude large numbers of construction workers because they will be unable to score enough points. This article examines the discrimination suffered by workers from Eastern Europe, and in particular from Romania and Bulgaria, in the construction industry. [ABSTRACT FROM AUTHOR]

The concept of state immunity has governed norms of discourse of states as part of customary international law. It implies that states are not liable in the domestic courts of another state for any wrongdoing committed within their own jurisdiction. In Jurisdictional Immunities of the State (Germany v. Italy, Greece intervening) No 143, (3 February 2012) the International Court of Justice (ICJ) ruled that the immunity from litigation and enforcement enjoyed by states in regard to their property situated on foreign territory goes further than the jurisdictional immunity and that this is overriding even over human rights breaches. There can be no claim of damage suffered in another state that could be compensated by the respondent state. However, the ICJ has diverged from this principle in its ruling in Certain Iranian Assets (Iran v. United States) (2019) No. 2019/51 in which it denied the Iranian claim that the US had no right to seize its property within the federal jurisdiction. This paper enquires if the implications are the reduced scope of its jurisdiction in such matters, and if the ICJ should revert to its established principle that the customary international law takes precedence over domestic statutes that dilute state immunity. [ABSTRACT FROM AUTHOR]

The digital age of internet publishing has allowed the presence in the electronic media information about individuals that leads to their profiling. This can cause the members of the public who sit on juries to be influenced by the prejudicial content of those charged with a crime. The right to a fair trial under Article 6 of the Human Rights Act can be compromised if the jury members are able to access a suspect's personal details and convey it to fellow members which can undermine the defendant's ability to be judged solely on the basis of the crime charged. In the UK the Juries Act 1974, as amended by the Criminal Courts and Justice Act 2015, serves to establish a procedure for trials that stipulates the removal of electronic device for a member of the jury who may not download information of the defendant in the course of the trial. The Contempt of Courts Act 1981 regulates the behaviour of the jury and provides sanctions for conduct that impinges on the court process. The English framework has parallels with the US and Australian legal systems where the jury is also fettered in accessing social media but where the access to the internet for communication about the case and blogging for jurors is permitted. The argument in this paper is that the misuse by the jury of information on the internet about the defendant should be preempted by a legal code that prevents access to the defendant's previous record. [ABSTRACT FROM AUTHOR]