American Indian Law

The Jay Treaty, signed in 1794 between Great Britain and the United States, provides that American Indians may travel freely across the international boundary. Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration. --U.S. Embassy & Consulates in Canada

While treaties between Indigenous peoples and the United States affect virtually every area in the USA, there is as yet no official list of all the treaties. The US National Archives holds 374 of the treaties, where they are known as the Ratified Indian Treaties. Here you can view them for the first time with key historic works that provide context to the agreements made and the histories of our shared lands.

"Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples.
The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory.
Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places."--Pub. desc.

"The essays in this book present important perspectives on the role of indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Common threads linking the essays include the relationship between indigenous and Canadian legal orders, the importance of indigenous legal traditions for Aboriginal communities' autonomy, and the ways in which these traditions might be recognized and given space in the Canadian legal landscape." "In its examination of different aspects of and models for the recognition of indigenous legal orders, this book addresses important issues relating to legal pluralism. It will be of interest to a wide audience including lawyers and legal academics, teachers, students, policy makers, and members of Aboriginal communities."--Jacket.

"Canada's Indigenous [Native peoples, Indian, Inuit, Métis] Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions.
With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.

This volume, a collection of essays by a variety of scholars in the field of indigenous rights, originates from the Irish Centre for Human Rights at the National University of Ireland in Galway. It highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters. These surveys show a range of reactions to the multiple problems of discrimination, or lack of proper responses, as far as domestic legislation, national implementation of the laws, and national compliance with the applicable international standards are concerned.

Available via HeinOnline.

"Refereed open access journal that publishes articles, case comments, book reviews, and book notes on legal issues in Canada"--Publisher's website. About page lists focus on indigenous, environmental and Northern Canadian legal issues.