Abstract

http://ssrn.com/abstract=1931828
 
 

Footnotes (171)



 


 



A Reason to Revisit Maine’s Indian Claims Settlement Acts: The United Nations Declaration on the Rights of Indigenous Peoples


Nicole Friederichs


Suffolk University Law School

September 21, 2011

American Indian Law Review, Vol. 35, p. 497, 2011
Suffolk University Law School Research Paper No. 11-40

Abstract:     
In 2007, each of Maine’s four federally recognized Indian tribes lost lawsuits limiting their ability to self-govern. The following year, Maine’s state legislature passed a joint resolution declaring its support for the then newly adopted United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Focusing on two provisions of the UNDRIP, the right to self-determination and the duty to consult, this article examines the current status of Maine tribes under the Declaration. Although this article argues for the customary international law status of the right to self-determination and the duty to consult (thereby placing legally binding obligations on States), the intent is not to conduct a thorough analysis of whether the UNDRIP, as a whole or through its individual provisions, amounts to customary international law. Instead, the primary purpose of this article is to juxtapose Maine’s and the United States’ support of the UNDRIP with Maine’s treatment of its tribes. Given the incongruity of this treatment, coupled with the failure of the settlement acts to ensure the recognition and protection of rights afforded to the tribes under international human rights law and federal Indian law, the UNDRIP provides an opportunity to revisit the settlements with Maine’s Indian tribes to ensure that the tribes’ rights are respected. As the United States announced in its recent statement reversing its position on the UNDRIP, the UNDRIP “expresses [the] aspirations of the United States . . . to improve our laws and policies.” The laws settling the Maine Indian land claims are examples of where improvements are needed to meet international legal obligations.

Number of Pages in PDF File: 31

Keywords: Native American, American Indian, Maine, Penobscot, Passamaquoddy, Maliseets, Micmacs, New England, Human Rights

Accepted Paper Series


Download This Paper

Date posted: September 22, 2011  

Suggested Citation

Friederichs, Nicole, A Reason to Revisit Maine’s Indian Claims Settlement Acts: The United Nations Declaration on the Rights of Indigenous Peoples (September 21, 2011). American Indian Law Review, Vol. 35, p. 497, 2011; Suffolk University Law School Research Paper No. 11-40. Available at SSRN: http://ssrn.com/abstract=1931828

Contact Information

Nicole Friederichs (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States

Feedback to SSRN


Paper statistics
Abstract Views: 618
Downloads: 80
Download Rank: 182,196
Footnotes:  171

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds