The Sweet Spot Between Formalism and Fairness: Indigenous Peoples' Contribution to International Law. (29th March 2021)

• Record Type: Journal Article
• Authors: Charters, Claire
• Is Part Of: AJIL unbound. Volume 115(2021)
• Page Start: 123
• Page End: 128
• Publication Date: 2021-03-29
• Subjects: International law -- Periodicals; 341.05
• DOI: 10.1017/aju.2021.9
• Languages: English
• ISSNs: 2398-7723

Abstract

Abstract : Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law. In this way, Indigenous Peoples are crafting a legal system that achieves the "sweet-spot." It has sufficient "hard-law" quality to restrain the self-interested instincts of powerful states—much needed by Indigenous Peoples seeking to realize their claims against states—and systemic inclusion and justice.