Negotiating Our Interdependence: A Theory of Political Legitimacy and Territorial Decolonization
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Authors
Luoma, Michael S.
Date
Type
thesis
Language
eng
Keyword
Territorial rights , Indigenous peoples , Jurisdiction , Political authority , Decolonization , Territory , Federalism , Land , Treaties , Restitution , Settler colonialism , Supersession , Collective self-determination
Alternative Title
Abstract
In Canada, a multitude of Indigenous and non-Indigenous governments claim the authority to govern their own territories and the people who live there. This condition poses fundamental questions for political philosophy concerning the distribution of rights to land and political jurisdiction in cases where the present use and control of land is the result of historical dispossession and injustice, and where distinct peoples (1) partially geographically, socially, and politically overlap, and (2) significantly diverge in ways of life, political and legal orders, and philosophical traditions. In dialogue with Indigenous political philosophy, I analyze this domain through a focus on individual interests in occupancy and collective self-determination. I argue that respect for the collective self-determination of settler and Indigenous peoples and recognition of their interdependency requires the construction of a cooperative federal system through the non-dominated negotiation of treaties that fairly and harmoniously balance the interests of unique occupancy groups in peoplehood and territory. This is a conception of political association for settler and Indigenous peoples premised upon respect for self-determination and inherent territorial rights, the nature of interdependent identities, and the possibilities for a mutual provisioning of unique gifts that enriches the freedom and co-creativity of each member unit.
To realize this vision, I argue that we must attend to both procedural and substantive requirements on the legitimacy and fairness of treaty negotiation and rights distributions. Substantively, treaty negotiations must reflect fundamental principles of territorial legitimacy – that is, they must appropriately recognize the inherent territorial rights of Indigenous peoples over particular geographical domains. Moreover, decolonization agreements must recognize the scope of lands open to restitution, considering facts about land use and human agency; the limits of supersession; wrongdoing and liability to harm; and proportionality
analysis. Procedurally, legitimate treaty agreements must be negotiated with the legitimate representatives of the people for whom the agreements are made, and these agreements must enshrine political procedures and institutions that protect the political agency interests of the members of the people. We must understand representative intergovernmental negotiations within a broader system of citizen deliberation and contestation if treaty negotiations are to promote collective self-determination and avoid domination.
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This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.
Attribution-NonCommercial-NoDerivatives 4.0 International