JUSTNORTH Regulatory and Policy Database

   

Regulation:Alaska Native Claims Settlement Act
Short name:ANCSA
Number:92-203
Issuing entity:US or Alaska
Date:1971/12/18
Reference:https://www.govinfo.gov/content/pkg/STATUTE-85/pdf/STATUTE-85-Pg688.pdf#page=1
Hard/soft law instrument:Hard law
Relevant justice questions:

Chosen justice question particularly relevant for the regulatory/policy framework (in the light of JUSTNORTH research, aimed at supporting future justice-focused research on Arctic governance):

General: What is the idealized vision of the future state that the framework is to achieve (e.g. as expressed in introduction to legal acts)?

Multilevel perspective: How different levels of governance interact to produce justice?

Procedural justice: What are the opportunities for participation in decision-making and who is envisaged as a stakeholder?

Inclusion and participation: Are all relevant stakeholders/rightsholders included in the governance/decision-making process and are there any important stakeholders who are excluded? 

Spatial Justice: What are the geographical scales involved/affected by the instrument?

Spatial Justice: How does the instrument affect spatial relationships? What harms or benefits might arise from the changes in spatial relationships?

Landscape justice: Who owns this landscape? Who is excluded from the landscape and its governance?

Climate justice: How is the implementation of a law/policy affected by climate changes?

Intergenerational justice: What implications does the framework have for future generations?

Rights: How are rights accounted for? Who decides or officially acknowledges a given right or
set of rights?

Level:National and EU/EEA
Remarks: 
Brief description:

On December 18, 1971, Public Law 92-203, the "Alaska Native Claims Settlement Act," was signed into law by President Nixon. Public Law 92-203 was enacted by Congress to settle the claim of Alaska's native Indian Aleut and Eskimo population to aboriginal title to the land on which they have lived for generations. 


Economic and social activity:

General/other

Regulatory concern:

Community and regional development and cross-border cooperation
Human rights and equality, incl. indigenous rights and gender

Case study relevance

CS10: Towards Ecological Entrepreneurship—Sustainable Development in Local Communities in the North
CS5: Stranded Assets, Path Dependencies & Carbon Lock-in: Short/Medium/Long Term Implications of Oil & Gas Development in the Russian, Norwegian and U.S. Arctic