Aboriginal Sovereignty and Imperial Claims

(1991) 29 Osgoode Hall Law Journal 681-703

24 Pages Posted: 27 Feb 2012 Last revised: 4 Mar 2019

See all articles by Brian Slattery

Brian Slattery

York University - Osgoode Hall Law School

Date Written: 1991

Abstract

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations.

Keywords: Indigenous sovereignty, History of international law, Indigenous title to territory, Acquisition of Indigenous territories, History of North America

Suggested Citation

Slattery, Brian, Aboriginal Sovereignty and Imperial Claims (1991). (1991) 29 Osgoode Hall Law Journal 681-703 , Available at SSRN: https://ssrn.com/abstract=2011892

Brian Slattery (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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