LAW & ANTHROPOLOGY International Yearbook for Legal Anthropology Volume 12 docx

[...]... had to a body of public international law 10 Lesaffer has made a brilliant contribution with regard to the link between the medieval canon law principle of pact sunt servanda and the same principle in the light of the early modern international law He argues that canon law opposed the formalism of classical Roman Law According to his view, the prevalence of consensualism, over formalism is attributable... The American Indian in Western Legal Thought: The Discourses of Conquest Oxford University Press, New York 1997 Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800 Oxford University Press, New York THE MUNICIPALIZATION OF THE LEGAL STATUS OF INDIGENOUS NATIONS BY MODERN (EUROPEAN) INTERNATIONAL LAW Pablo Gutiérrez Vega 1.- The Controversial Legal Status of Indigenous Nations... 1742-1878 IWGIA, Copenhagen Law and Anthropology Vol 12 (2005) 13 Brysk, Alison 2000 From Tribal Village to Global Village: Indian Rights and International Relations in Latin America Stanford University Press, Stanford Burguete, Araceli (ed.) 1999 México: Experiencias Copenhagen de Autonomía Indígena IWGIA, Clark, Blue 1994 Lone Wolf v Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth... dominant and subaltern models of international cohabitation Nevertheless, those attempts do exist There is in fact a (not-so) new trend in specialized literature which falls under the broader agenda of anti-colonial international law scholarship, See, for instance Gathii, 1998, which reviews the following books: Prakash Sinha, Surya, Legal Policentricity and International Law, Carolina Academic Press,... not fully deprived of political connotations according to the cultural background of the reader Law and Anthropology Vol 12 (2005) 19 leading to the purported extinguishment of that indigenous sovereignty according to (European) Classic International Law6 I therefore proceed to move exclusively over the legalistic/doctrinal layer of cultural discourse, bearing in mind there are other significant layers... Nineteenth Century University of Nebraska Press, Lincoln Clavero, Bartolomé 1999 ‘Lovelace versus Canada: Indigenous Rights versus Constitutional Culture’ in: René Kuppe & Richard Potz, (eds.), Law and Anthropology International Year Book for Legal Anthropology Vol 10: 1-13 2000 Ama Llunku, Abya Yala Constituyencia indígena y código ladino por América Centro de Estudios Políticos y Constitucionales, Madrid... to the ius gentium mentors and, subsequently, to the predecessors of Classic International Law Their technical arguments for the complete erasure of impediments ranged from the acceptance of the enforceability of pacta nuda (lacking any formality) to the transition from the quite strict formula procedure towards the less formal procedure of the cognitio extraordinaria See Lesaffer, 2000 This outstanding... devised for Private Law purposes and only then subtly transported into the reign of Public Law – is ‘as you used to possess according to the law Originality thus stems not from the forced re-allocation of this aphorism from one province of jurisprudence to the neighbouring/antagonist one, but from the curious interpretation of such a principle by the so called Latin American International Law School... anti-colonial perspectives Whereas a weak form is basically integrationist, for it accepts that it would be possible to assimilate different civilisational experiences into a single international law, a strong form is more concerned about the structural adjustments of material conditions of the African and Asian peoples rather than ‘the spiritual rehabilitation of the African’ The aforementioned classification... state legislatures, it opts for another constitutional reform, radically contrary to the spirit of the one formally agreed upon This is not even limited by an international instrument (ILO Convention No 169), a treaty among states ratified by Mexico, requiring consultation to the Indigenous party for any state action that affects it Or the constituent power simply takes for granted that this consultation . alt="" Law & Anthropology 12 International Yearbook for Legal Anthropology VOLUME 12 LAW & ANTHROPOLOGY International Yearbook for Legal Anthropology Volume. Legal Anthropology Volume 12 Edited by René Kuppe and Richard Potz On behalf of The Working Group on Legal Anthropology Vienna University Law School “Indigenous