Download PDF by Burke A. Hendrix: Ownership, Authority, and Self-Determination: Moral
By Burke A. Hendrix
Much controversy has existed over the claims of local american citizens and different indigenous peoples that they have got a right—based on unique occupancy of land, ancient transfers of sovereignty, and rules of self-determination—to a political prestige cut loose the states during which they now locate themselves embedded. How legitimate are those claims on ethical grounds?
Burke Hendrix tackles those thorny questions during this booklet. instead of targeting the criminal and constitutional prestige of indigenous countries in the states now ruling them, he starts off at a extra easy point, interrogating primary justifications for political authority itself. He indicates that ancient claims of land possession and past sovereignty can't offer a enough foundation for tough the authority of latest states, yet that our normal ethical tasks to assist different people at risk can justify rights to political separation from states that fail to guard their electorate as they should.
Actual makes an attempt at political separation has to be rigorously controlled via well-defined procedural mechanisms, although, to foster large democratic deliberation in regards to the nature of the political alterations at stake. utilizing such techniques, Hendrix argues, indigenous peoples could be capable of withdraw politically from the states at present ruling them, even to the purpose of selecting complete independence.
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Additional resources for Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claim
In short, we need three types of intellectual tools to think clearly about political control over territories and populations: a theory of property rights, a theory of state authority, and a theory of self-determination. In the chapters to come, I will offer particular versions of each, while also trying to make clear the implications of views different than those I outline in depth. My goal is less to rebuild our thinking about political authority from the ground up than to disaggregate a set of moral arguments often encountered in political life, so that each can be viewed in a clearer light.
Somehow boundaries had to be drawn between potential states if decolonization were to occur, and the option chosen was the principle of uti possidetis, initially used by South American states to set their own boundaries after throwing off Spanish rule (Ratner 1996, 592–601; Brownlie 1998, 55–59; Van Dervort 1998, 356; cf. Castellino 2000, 109–21). This principle fixed the boundaries for self-determining units as the administrative boundaries used by the colonial state (Case Concerning the Frontier Dispute 1986, 564–67; Kaikobad 1996, 38–44).
This strategy acknowledged indigenous peoples to have at least some legal and political status. , Orange 1987; Ward 1999). 1 In most cases, their arguments are entirely accurate. While this may seem at first glance to provide solid grounding for indigenous claims to regain a separate status, the international legal relevance of violated treaties and fraudulent cessions is less certain than it appears. Historically, conquest was recognized as legal means of acquiring control over territories and populations as well, and remained so until the creation of the United Nations.
Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claim by Burke A. Hendrix