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10357 - Recognizing Indigenous Justice Systems

Recognition of indigenous justice systems is increasingly perceived as essential to meaningful implementation of the U.N. Declaration on the Rights of Indigenous Peoples. Gran Chaco states, such as Bolivia, are now wrestling with the mechanics of recognition. The United States, which has formal relations with more than 500 indigenous governments, has over the course of the past two centuries developed a working model for recognition at both the state and federal levels. Tribal judicial systems have developed and now form an important part of the dispute resolution infrastructure. This paper will address both the nature of these systems and the law they generate and the U.S. recognition process, assessing its strengths and weaknesses.

Keywords: recognition, indigenous, justice, systems

Author: Robertson, Lindsay (University of Oklahoma College of Law, Ud States of Am / USA)

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