Spatio-temporal Dimensions of Indigenous Sovereignty in International Law
in A. Di Blase and V. Vadi (eds) The Inherent Rights of Indigenous Peoples in International Law (Rome: University of Rome III Press 2020) 87-114
30 Pages Posted: 1 Sep 2020
Date Written: February 23, 2020
The sovereignty of indigenous peoples has long been a matter of debate. This chapter investigates the spatio-temporal dimensions of indigenous sovereignty in international law. The topic holds both theoretical relevance and contemporary practical significance, as it can inform and transform ongoing debates on the rights of indigenous peoples. The author highlights the importance of history in any serious and constructive consideration of the territorial and spatial dimensions of sovereignty. It also highlights that a just or at least fair resolution of any question relating to sovereignty, including its territorial dimension, must fully consider competing stories, histories, and temporalities of sovereignty. This method of analysis infuses the concept of sovereignty with inter-civilizational connotations, which are often neglected in current debates. Going beyond the traditional conception of state sovereignty, the chapter supports the emergence of novel concepts, such as parallel sovereignty, to complement and give further impulse to the self-determination of indigenous peoples within the state. This reflection appeals to the experiences and histories of non-Western cultures and civilizations, thereby opening new avenues for informing future theory and practice of international law.
Keywords: history and theory of international law, sovereignty, indigenous peoples, inter-cultural approaches
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