This document discusses the concepts of sovereignty, terra nullius, and the doctrine of discovery in international law and how they relate to indigenous peoples. It explains that sovereignty originated from the 1648 Peace of Westphalia and justified European colonization by viewing newly encountered lands as terra nullius and granting colonizers rights through the doctrine of discovery. While indigenous peoples have asserted sovereignty over their traditional lands, these concepts were originally used to subjugate them. The document questions whether sovereignty is an appropriate framework for indigenous self-determination and recommends reading a chapter discussing this paradox.

1. +
Discovering Indigenous
Peoples in International
Law: Sovereignty
Blyth Academy Online

2. +
Key Terms:
Sovereignty
Terra Nullius
Doctrine of Discovery
Self-Determination

3. +
International Law, Sovereignty and
Indigenous Peoples
 Sovereignty can be understood as:
 Sovereignty is understood in jurisprudence as the full right and
power of a governing body to govern itself without any interference
from outside sources or bodies.
 How can sovereignty be traced through history?
 How does it relate to Indigenous Peoples?

4. +
Sovereignty
 Sovereignty can be traced back to a foundational European
Agreement
 The Peace of Westphalia in 1648
 This Peace ended the Thirty Years War and established the
concept as sovereignty as the co-existence of independent states
maintained through diplomacy.
 The Peace of Westphalia signaled the beginning of the modern
new world order and forms of international relations we
understand today.
 Sovereignty then finds its origins in Eurocentric Worldview and
would be used to justify the conquest and colonization of lands
far beyond Europe

5. +
Treaty of Westphalia, 1648

6. +
Justifying Expansion
Prior to the codified understanding of Sovereignty international
relations and diplomacy were conducted primarily by the Catholic
Church in Rome.
Two concepts were key to this practices:
“Terra Nullius”
“Doctrine of Discovery”
“All islands and mainlands discovered and to be discovered, one
hundred leagues to the West and South of the Azores towards
India, and not already occupied or held by any christian king or
prince as of Christmas 1492, will go to the Catholic monarchs
Isabel of Castille and Ferdinand of Aragon” - Bull of Donation,
May 4, 1493, Pope Alexander VI

7. +
The Wind will blow them across the ocean
thousands of them in giant boats
swarming like larva
out of a crushed ant hill.
They will carry objects
which can shoot death
faster than the eye can see
They will kill the things they fear
all the animals
the people will starve Leslie Silko, Ceremony, 136.

8. +
“Terra Nullius”
 Terra Nullius is a concept that was and is still used in International
Law today to refer to areas that have never been subject to “state
rule or sovereign rule”
 Terra Nullius in the early colonial period was used as political
justification for settling and claiming the “New World”

9. +
“Doctrine of Discovery”
 Papal Bulls of the 15th century gave Christian explorers the
right to claim lands they "discovered" and lay claim to those
lands for their Christian Monarchs. Any land that was not
inhabited by Christians was available to be "discovered",
claimed, and exploited. If the "pagan" inhabitants could be
converted, they might be spared. If not, they could be enslaved
or killed.

10. +
Indigenous Peoples and
Sovereignty
 All of these concepts of International Law (sovereignty, terra
nullius, doctrine of discovery) at one point or another have
been used to justify the colonization and subjugation of
Indigenous Peoples
 Despite this, however, Indigenous Peoples have consistently
taken up “sovereignty” as a concept to express their inherent
rights to land, and have looked to International Law to support
this as we saw in the previous unit

11. +
Indigenous Peoples and
Sovereignty
 To explore this potentially paradoxical situation we are going to
read a chapter from Mohawk Scholar Taiaiake Alfred’s book
“Peace, Power, Righteousness” where he explores the
possibility of sovereignty being an inappropriate concept for
Indigenous Peoples to utilize in their fight for self-determination
and autonomy.
 Read the article posted in the “Reading Discussion Forum” and
respond by way of one of the three options for response.
Guiding questions will be provided.
 Complete the Quiz for this lesson