Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Non...
| Main Author: | |
|---|---|
| Format: | Text |
| Language: | unknown |
| Published: |
Colorado Law Scholarly Commons
1993
|
| Subjects: | |
| Online Access: | https://scholar.law.colorado.edu/faculty-articles/799 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1747&context=faculty-articles |
| id |
ftunicolboulawl:oai:scholar.law.colorado.edu:faculty-articles-1747 |
|---|---|
| record_format |
openpolar |
| spelling |
ftunicolboulawl:oai:scholar.law.colorado.edu:faculty-articles-1747 2023-05-15T16:14:53+02:00 Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government Getches, David H. 1993-01-01T08:00:00Z application/pdf https://scholar.law.colorado.edu/faculty-articles/799 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1747&context=faculty-articles unknown Colorado Law Scholarly Commons https://scholar.law.colorado.edu/faculty-articles/799 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1747&context=faculty-articles Articles First Nations sovereignty Aboriginal self-government indigenous peoples negotiated sovereignty Charlottetown Accord intergovernmental agreements interjurisdictional agreements negotiation Indian tribes states tribal sovereignty taxation law enforcement solid waste disposal environmental regulation land use comparative law intergovernmental relations constitution United States Canada Comparative and Foreign Law Constitutional Law Dispute Resolution and Arbitration Environmental Law Indigenous Indian and Aboriginal Law Jurisdiction Land Use Law Legal History Tax Law text 1993 ftunicolboulawl 2022-11-06T15:20:54Z Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in the United States provide a useful model to resolve lingering issues, effect practical solutions and expand First Nations self-government in Canada. Text First Nations University of Colorado Boulder, Law School: Scholarly Commons Canada Charlottetown ENVELOPE(-56.120,-56.120,52.770,52.770) Indian |
| institution |
Open Polar |
| collection |
University of Colorado Boulder, Law School: Scholarly Commons |
| op_collection_id |
ftunicolboulawl |
| language |
unknown |
| topic |
First Nations sovereignty Aboriginal self-government indigenous peoples negotiated sovereignty Charlottetown Accord intergovernmental agreements interjurisdictional agreements negotiation Indian tribes states tribal sovereignty taxation law enforcement solid waste disposal environmental regulation land use comparative law intergovernmental relations constitution United States Canada Comparative and Foreign Law Constitutional Law Dispute Resolution and Arbitration Environmental Law Indigenous Indian and Aboriginal Law Jurisdiction Land Use Law Legal History Tax Law |
| spellingShingle |
First Nations sovereignty Aboriginal self-government indigenous peoples negotiated sovereignty Charlottetown Accord intergovernmental agreements interjurisdictional agreements negotiation Indian tribes states tribal sovereignty taxation law enforcement solid waste disposal environmental regulation land use comparative law intergovernmental relations constitution United States Canada Comparative and Foreign Law Constitutional Law Dispute Resolution and Arbitration Environmental Law Indigenous Indian and Aboriginal Law Jurisdiction Land Use Law Legal History Tax Law Getches, David H. Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| topic_facet |
First Nations sovereignty Aboriginal self-government indigenous peoples negotiated sovereignty Charlottetown Accord intergovernmental agreements interjurisdictional agreements negotiation Indian tribes states tribal sovereignty taxation law enforcement solid waste disposal environmental regulation land use comparative law intergovernmental relations constitution United States Canada Comparative and Foreign Law Constitutional Law Dispute Resolution and Arbitration Environmental Law Indigenous Indian and Aboriginal Law Jurisdiction Land Use Law Legal History Tax Law |
| description |
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in the United States provide a useful model to resolve lingering issues, effect practical solutions and expand First Nations self-government in Canada. |
| format |
Text |
| author |
Getches, David H. |
| author_facet |
Getches, David H. |
| author_sort |
Getches, David H. |
| title |
Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| title_short |
Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| title_full |
Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| title_fullStr |
Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| title_full_unstemmed |
Negotiated Sovereignty: Intergovernmental Agreements with American Indian Tribes as Models for Expanding First Nations’ Self-Government |
| title_sort |
negotiated sovereignty: intergovernmental agreements with american indian tribes as models for expanding first nations’ self-government |
| publisher |
Colorado Law Scholarly Commons |
| publishDate |
1993 |
| url |
https://scholar.law.colorado.edu/faculty-articles/799 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1747&context=faculty-articles |
| long_lat |
ENVELOPE(-56.120,-56.120,52.770,52.770) |
| geographic |
Canada Charlottetown Indian |
| geographic_facet |
Canada Charlottetown Indian |
| genre |
First Nations |
| genre_facet |
First Nations |
| op_source |
Articles |
| op_relation |
https://scholar.law.colorado.edu/faculty-articles/799 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1747&context=faculty-articles |
| _version_ |
1766000630961274880 |