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Author: Martin Case
Publisher:
Published: 2018
Total Pages: 0
ISBN-13: 9781681340906
DOWNLOAD EBOOKHow making treaties for land cessions with Native American nations transformed human relationships to the land and became a profitable family business.
Author: Aimée Craft
Publisher: Annick Press
Published: 2021-03-30
Total Pages: 250
ISBN-13: 1773214977
DOWNLOAD EBOOKThe first treaty that was made was between the earth and the sky. It was an agreement to work together. We build all of our treaties on that original treaty. On the banks of the river that have been Mishomis’s home his whole life, he teaches his granddaughter to listen—to hear both the sounds and the silences, and so to learn her place in Creation. Most importantly, he teaches her about treaties—the bonds of reciprocity and renewal that endure for as long as the sun shines, the grass grows, and the rivers flow. Accompanied by beautiful illustrations by Luke Swinson and an author’s note at the end, Aimée Craft affirms the importance of understanding an Indigenous perspective on treaties in this evocative book that is essential for readers of all ages.
Author: Donald L. Fixico
Publisher: Bloomsbury Publishing USA
Published: 2007-12-12
Total Pages: 1318
ISBN-13: 1576078817
DOWNLOAD EBOOKThis invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.
Author: Francis Paul Prucha
Publisher:
Published: 1970
Total Pages: 328
ISBN-13:
DOWNLOAD EBOOKAuthor: Suzan Shown Harjo
Publisher: Smithsonian Institution
Published: 2014-09-30
Total Pages: 273
ISBN-13: 1588344789
DOWNLOAD EBOOKNation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
Author: Duncan B. Hollis
Publisher:
Published: 2020
Total Pages: 897
ISBN-13: 019884834X
DOWNLOAD EBOOKThis guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Paul Poast
Publisher: Cornell University Press
Published: 2019-11-15
Total Pages: 259
ISBN-13: 1501740253
DOWNLOAD EBOOKWhy do some attempts to conclude alliance treaties end in failure? From the inability of European powers to form an alliance that would stop Hitler in the 1930s, to the present inability of Ukraine to join NATO, states frequently attempt but fail to form alliance treaties. In Arguing about Alliances, Paul Poast sheds new light on the purpose of alliance treaties by recognizing that such treaties come from negotiations, and that negotiations can end in failure. In a book that bridges Stephen Walt's Origins of Alliance and Glenn Snyder's Alliance Politics, two classic works on alliances, Poast identifies two conditions that result in non-agreement: major incompatibilities in the internal war plans of the participants, and attractive alternatives to a negotiated agreement for various parties to the negotiations. As a result, Arguing about Alliances focuses on a group of states largely ignored by scholars: states that have attempted to form alliance treaties but failed. Poast suggests that to explain the outcomes of negotiations, specifically how they can end without agreement, we must pay particular attention to the wartime planning and coordinating functions of alliance treaties. Through his exploration of the outcomes of negotiations from European alliance negotiations between 1815 and 1945, Poast offers a typology of alliance treaty negotiations and establishes what conditions are most likely to stymie the attempt to formalize recognition of common national interests.
Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 577
ISBN-13: 0199669236
DOWNLOAD EBOOKThe rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author: Abram Chayes
Publisher: Harvard University Press
Published: 1998-10-01
Total Pages: 440
ISBN-13: 9780674617834
DOWNLOAD EBOOKIn an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Author: Georg Nolte
Publisher: OUP Oxford
Published: 2013-06-13
Total Pages: 2459
ISBN-13: 0191668427
DOWNLOAD EBOOKUnder the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
