The Karasjok Case and its Significance for the Legal Survey in Finnmark

Abstract

On the final day of spring 2024, the Supreme Court of Norway ruled in the Karasjok case, affirming the Finnmark Estate’s ownership rights. The Grand Chamber’s decision, passed by a narrow 6 to 5 margin, underscored divisions surrounding national property law, international Indigenous law, legal history, and Sámi customary law, which received less attention than usual in Norwegian case law.<p>

<p>This article explores the judgment’s impact on the ongoing legal survey in Finnmark. While the ruling emphasizes national property law, it disappoints those seeking clear guidelines for future surveys. The Court’s differing opinions and explicit refusal to address potential ownership rights for individuals, village communities, or Sámi siidas create ample space for both legal disputes and further analysis. The author presents four possible outcome scenarios.<p>

<p>Additionally, the significant minority opposing the application of ilo Convention No. 169 adds to the uncertainty regarding international law’s role in the survey process.