In January the Indian Legal Program (ILP) at the Sandra Day O’Connor College of Law at Arizona State University and the American Bar Association (ABA) are hosting the Intersection of Tribal Rights with Environmental, Energy and Resources Development Conference. The conference will focus on natural resource development, water quality and water rights, clean energy and climate change resiliency, and international best practices. The Law Library’s Indian Law collection has a number of books relevant to the subjects that will be explored at the conference – we have highlighted two new titles in this collection below.
A Nation Within: Navajo Land and Economic Development (Ezra Rosser, 2021)
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
Indigenous Peoples, Consent and Rights: Troubling Subjects (Stephen Young, 2021)
Analyzing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. According to international human rights discourse, ‘Indigenous peoples’ have the capacity to claim ‘free, prior and informed consent’ (FPIC) to influence and control decisions that concern First Nation Peoples. The book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system.
Sean Harrington, Electronic Resources Librarian