Indigenous Rights of Standing Rock: Federal Courts and Beyond

Abstract

The controversy surrounding the Dakota Access Pipeline (DAPL) is ubiquitous — galvanizing indigenous communities and allies across the globe to stand with Standing Rock. One positive outcome has been a historic, revitalized movement to protect indigenous and human rights in the face of ever-expanding exploitation in the fossil fuel industry. However, the fight against DAPL has been historic in more than just size and scope. As the case proceeds through the courts, the tribes have expanded the battlefield by going beyond domestic litigation and appealing directly to international human rights bodies and initiating broad corporate engagement. This multipronged approach to defending tribal rights has played a key role in not only sustaining the conversation, but also expanding the forums in which the conversation takes place while the federal courts’ action continues.

Keywords: Native American, Law, Indigenous, Energy, Fracking, Trafficking, Tribe, Tribal, Federal Indian Law, North Dakota, Undrip, UN, Shareholder, VAWA, DAPL, Pipelines, Shareholder