Please join us Tuesday afternoon for a discussion of Prof. Blake Watson’s book, Buying America from the Indians.
treaties
Angelique EagleWoman on Re-Structuring the Sovereign Relationships between Tribal Nations
Angelique EagleWoman has a new paper forthcoming from the University of Baltimore Law Review, “Bringing Balance to Mid-North America: Re-Structuring the Sovereign Relationships between Tribal Nations and the United States.”
Here is the abstract:
The relationships between Tribal Nations and the United States have evolved over time and often in a lopsided manner, with the branches of the U.S. government unilaterally dictating the relationship. International norms require bilateral agreements between governments for full recognition of human rights and to promote peaceful relations. In the foundational Marshall Trilogy cases, Chief Justice John Marshall emphasized the international characteristics of the interactions between Tribal Nations and the newly-formed United States nation-state. The idea of a smaller nation aligning with a larger nation as an international ally is a model worth exploring in analyzing contemporary Tribal Nations’ alignments with the United States. Once the United States gained military strength over Tribal Nations, the United States proceeded, by and large, to take unilateral action against Tribes in mid-North America. This article asserts that bilateralism is required for a peaceful, non-oppressive balance between Tribal Nations and the United States as sovereign governments.
Bob Miller on Intertribal and International Treaties for Economic Development
Bob Miller has posted “Inter-Tribal and International Treaties for American Indian Economic Development,” forthcoming in the Lewis & Clark Law Review. Here is the abstract:
American Indian Tribes and Indigenous peoples around the world are among the poorest groups in their countries. Economic development is an absolutely crucial issue for these governments and their people. Recently, two different efforts have been undertaken to create beneficial development based on treaties between Indigenous groups.
In August 2007, eleven American Indian Nations, Canadian First Nations, New Zealand Maori Iwis, and Australian Aborigine groups signed a treaty to engage in international economic activities. Dozens of other American Tribes and New Zealand Iwis have also signed this treaty or will do so in the next few months. In addition, Pacific Northwest Indian Tribes have drafted an inter-tribal treaty to facilitate the conduct of business on reservations.
This Article dissects these two treaties and addresses some of the unique legal issues that these treaties raise.
Turtle Talk 
You must be logged in to post a comment.