Transcript
Abstract: This LL.M. thesis provides legal arguments for, amongst other things, the inclusion of Indigenous and Tribal Peoples as Members of the United Nations (equal to States, but not required to form States) through an equality- and dignity-based examination of UN Decolonization, 'friendly relations', and self-determination. The arguments contained within also provide an examination of the violations of International Law resulting from, amongst other topics addressed, discrimination committed by the United Nations and States against Indigenous and Tribal Peoples via State-Indigenous governing relationships. Limited access to justice and limited actualized rights in regards to Indigenous Peoples’ self-determination are discussed with reference to Tribal/Indigenous/State shared histories, legal personality, the International Court of Justice and judicial procedure and remedy, State anti-discrimination laws, the UN and its relationship to international trade and business, the codification of international human rights and criminal law, mental health (with special attention to high Indigenous suicide rates in 'developed' States, colonialism and discrimination), current UN definitions of 'aggression', 'war’, ‘colonialism’ and ‘conflict’ (with suggestions of definition revisions), State abuse towards Indigenous and Tribal Peoples, segregation and exclusion, and apartheid and cultural genocide as resulting from State-Indigenous inequality as experienced by Indigenous and Tribal Peoples. UN definitions of ‘development’ are challenged and held accountable for cultural discrimination and death. Recommendations with an emphasis on healing include amendment of the UN Charter and suggested General Assembly Resolutions, as well as equal international leadership opportunity for traditional and chosen Indigenous and Tribal legal and governing cultures, subsistence-based lifeways and traditional Indigenous and Tribal healers with a focus on the right to cultural integrity, traditional Indigenous and Tribal lands, including the right to say ‘no’ to non-native land-grabbing, resource exploitation and State abuses. The argument that State territorial integrity includes Indigenous and Tribal traditional lands is also countered. Published in the following: • Indigenous Nations & Peoples Law eJournal, Center for Indigenous Law, Governance & Citizenship, Syracuse University College of Law, Vol. 9, nr. 10: Mar 29, 2013 And also in the following (dates and volume information available upon request): • Conflict Studies eJournal, Eds. Kelly M. Kadera and Brian H. Lai, University of Iowa • Discrimination, Law & Justice eJournal, Ed. Francisco (Frank) Valdes, University of Miami School of Law • Human Rights & the Corporation eJournal, Ed. Timothy M. Devinney, University Leadership Chair & Professor of International Business, University of Leeds, Leeds University Business School (LUBS) • Human Rights & the Global Economy eJournal, Northeastern University School of Law, Program on Human Rights and the Global Economy • Law & Culture eJournal, Social Science Research Network (SSRN) • Law & Psychology eJournal, Cornell University Law School, New York • Law & Society: International & Comparative Law eJournal, Indiana University, Maurer School of Law, Bloomington • Law, International Affairs & CSR eJournal, Ed. Timothy M. Devinney, University Leadership Chair & Professor of International Business, University of Leeds, Leeds University Business School (LUBS) • Law, Norms & Informal Order eJournal, Ed. Richard H. McAdams, Bernard D. Meltzer Professor, University of Chicago Law School • Natural Resources Law & Policy eJournal, Vermont Law School • Political Institutions: International Institutions eJournal, Ed. David A. Lake, University of California, San Diego • Public International Law eJournal, Ed. Alan O'Neil Sykes, Robert Kindler Professor of Law, New York University School of Law • Social & Political Philosophy eJournal, Social Science
