Original Nation Approaches to Inter-National Law : The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene

"A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed." --Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004) "A powerful manifesto for a true 'Inter-National' law against the hegemonic 'international' system of states and a resounding reminder that human emancipation cannot be separated from ecological justice." --Chulwoo Lee, Professor of Law, Yonsei Law School, Korea This book introduces the Original Nation scholarship to examine the historical genealogy of the nation's struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct "on-the-ground" and "bottom-up" portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe. Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA). Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA Preface Bibliography Acknowledgments Contents 1 Introduction: The Original Nation Scholarship 1 The Original Nation Scholarship 2 Outline of Chapters 3 Conclusion Bibliography 2 The Nation and the State 1 The Nation 1.1 Taxonomy of the Nation 1.2 Original Nation Libertarianism (ONL) in Europe 2 The State 2.1 Taxonomy of the State 2.2 The State and Post-Colonial Narratives of the Third World Approaches to International Law (TWAIL) 3 The “Fourth World” International Analytic Discourse 4 The Primacy of the Original Nation in Geopolitical Analyzes 5 Conclusions Bibliography 3 The Conflict Between the Nation and the State 1 The Philippines and Moro People 2 Myanmar and Rohingya 3 Indonesia and West Papua 4 India and Kashmir 5 Iraq and the Kurdish Homeland 6 Japan and Okinawa 7 Other Conflicts and Struggles in Other Regions of Asia 8 Conclusions Bibliography 4 Original Nation Approaches to Inter-National Law (ONAIL) 1 Critiques of “State-Building” and “Nation-Destroying” Projects 2 The State as an Intermediary Agency of International Law 3 Inter-National Alliance Building Against the State and Predatory International Organizations 4 Investor State Dispute Settlement (ISDS) and the Privatization of Nature as “Property” for Corporate Profit 4.1 Bio-Piracy and Bio-Colonialism 4.2 Investor State Dispute Settlement (ISDS), Pipeline Projects, and the Original Nation in North America 5 The Status of Forces Agreement (SOFA), Visiting Forces Agreement (VFA), and the Original Nation 5.1 The Immunity of Military Personnel in the Original Nation 5.2 Prosecution of U.S. Military Personnel: Prosecution Review Commissions in Okinawa 6 The “State-Building” Project, the Military-Sexual Complex, and Counterinsurgency Intelligence Operations 6.1 The Military-Sexual Complex and the Counterinsurgency Against the Original Nation 7 Conclusions Bibliography 5 The Lakota Nation’s Search for Independence: The Nation of Lakota Versus the State of “the United States of America” and the Constitutional Amendments for National Liberation 1 The Nation of Lakota Versus the State of “the United States of America” 1.1 The Nation of Lakota 1.2 The State of “the United States of America” 2 The History of the 1936 Lakota Constitution and Its Amendment in 2008 3 Legal Foundations for National Independence: The Case of the Republic of Lakotah 3.1 The 1803 Louisiana Purchase Treaty 3.2 The 1969 Vienna Convention on the Law of Treaties (VCLT) 3.3 The 1960 U.N. Declaration on the Granting of Independence to Colonial Countries and Peoples 3.4 The 2007 U.N. Declaration of the Rights of the Indigenous Peoples (UNDRIP) 3.5 Constitutions, the Declaration of Independence, and U.S. Supreme Court Rulings 3.6 Lakota’s Impacts on Other Nationalist Movements in North America 4 The Constitution of the State Versus the Constitution of the Nation 5 Conclusions Bibliography 6 Earth Jurisprudence, the Rights of Nature, and International Rights of Nature Tribunals 1 Earth Jurisprudence: The Rights of Nature 2 Legal “Personhood” and Nature’s “Personality” 3 Community Environmental Legal Defense Fund (CELDF) 4 Limitations of the Rights of Nature Juridical Movement 5 The Nation’s International Rights of Nature Tribunals to Address State and Corporate Crimes 6 Conclusions Bibliography 7 The Original Nation’s Path to Recognition Under International Law: The Sovereignty-Making of Zapatista, Cherán, and Neuquén 1 The Zapatista Uprising in Chiapas, Mexico 2 The Municipio of Cherán in Michoacán, Mexico 2.1 P’urhépecha Women and Their Revolutionary Role 3 The Modern-Day “Jury de Medietate Linguae”: “El Jurado Indígena” (The Indigenous Jury) 3.1 El Jurado Indígena (an Indigenous Jury) in Argentina 4 Conclusions Bibliography 8 Conclusion: The Future of the Original Nation and the Global Nation in the Age of Anthropocene 1 ONAIL and “Bottom-Up” Perspectives 1.1 The Original Nation in the Age of Anthropocene 1.2 Asia as the Epicenter of the Anthropogenic Disaster: The Original Nations at Risk 2 Zoonotic Virus Pandemics and Global Solidarity 3 The Cognitive Deconstruction of the State and Corporation 4 The “Inter-National” Grand Jury (IGJ) and International Rights of Nature Tribunal (IRNT) 5 Conclusions Bibliography Bibliography Index