The Exercise of External Self-Determination by Indigenous Groups: The Republic of Lakotah and the Inherent Sovereignty of American Indigenous Peoples

Sargent, Sarah and Melling, Graham (2015) The Exercise of External Self-Determination by Indigenous Groups: The Republic of Lakotah and the Inherent Sovereignty of American Indigenous Peoples. Sri Lanka Journal of International and Comparative Law, 1 (1). pp. 49-72. ISSN 2424-6883

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Abstract

Abstract This article examines the implications of the choice made by the Republic of Lakotah to rely on international treaty law rather than the exercise of self-determination in declaring its independence from the United States in 2007 and 2010. States have long expressed resistance towards the granting of the principle of self-determination to minorities and indigenous groups. States fear that granting this right would lead to groups taking action to secede from the state. This article considers whether state fears of secession are realistic, and whether there is, in fact, a credible claim to external self-determination under international law for indigenous groups, or whether state fears of indigenous self-determination are grounded in other issues.

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