I would like to approach the topic of Indian rights in the context of international law from a new perspective. Currently, there is uncertainty as to whether the proposed United Nations Declaration of the Rights of Indigenous Peoples will be adopted. Given that the Declaration is stalled in Geneva, and given the resistance of states with large indigenous populations to the notion that indigenous peoples should have rights under international law, who knows when, or if, the Declaration will be adopted. We cannot wait. This article will highlight United States and Indian-nation history in the development of Indian-nation law, and propose a new approach. I submit that by establishing the independence of the Indian-nation judiciary, the well being of the Indian people and community will be improved.
Indian Nations and the Human Right to an Independent Judiciary,
N.Y. City L. Rev.
Available at: 10.31641/clr030111