ABSTRACT
This chapter examines the expansion of the power of national courts to solve land conflicts concerning Sámi communities. It considers how the court is asserting its decision based on the premise of legal and political arguments, including international law. Traditionally, there has been a clear distinction between national law and international law among nation-states in Europe. On the background of increased international cooperation and the globalisation of questions concerning international human rights law has achieved a position as an important source of law within national courts. In Sweden this has mostly been observed within environmental law and commercial law but is increasingly important in other legal areas as well. This development is a challenge for the courts as well as for political decision-making bodies because it challenges the supremacy of the national legal order. In this context the focus is directed on the interplay of politics and jurisprudence in a court case from the Supreme Court in Sweden concerning the question if the state or a group of Sámi reindeer herders holds the rights to administer fishing and game-hunting in a traditional Sámi area.
