The Hydropolitics of the Indus Waters Treaty: A Critical Perspective

This paper discusses the hydro politics of the Indus Waters Treaty from a critical perspective. Many analysts and commentators from both India and Pakistan expressed displeasure with the treaty on the grounds of allotting more waters to the contending party. The Indian side is displeased with 'restricted' rights on western rights, whereas the Pakistani side laments the Indian rights on the western rivers as detrimental to its water security. Neutral experts consider the Indus Waters Treaty as an instance of successful water dispute resolution. However, the treaty's failure to account for future implications of the climate change for water supply and surging population for water demand as well as the absence of the other co-riparians of China and Afghanistan from the treaty and its failure to hardwire enough safeguards to ensure Kashmiri's needs are met from the waters add to the stresses and strains in the Indus Waters Treaty.

"The pen among our people" : strategies of survivance and assimilation resistance in indigenous rhetoric from Indian newspapers, lawsuits, and society journals, 1870-1924

In "The Pen Among Our People," I explore three different strategies that Indigenous peoples utilized from 1870 to 1924 to both ensure their survival and resist systematic oppression. During this period, the malicious transformation of sovereign Indian nations into dependent wards of the United States oriented Indigenous resistance toward ensuring the survival of Indian peoples, lands, and resources. I argue that strategies of survivance -- a literary theory describing actions designed to ensure Indian survival and endurance/resistance/persistence -- are a useful lens through which historians can re-interpret assimilation. I do so by highlighting the rhetoric of an Indian newspaper, litigation before the U.S. District Court for the District of Nebraska and the United States Supreme Court to secure rights under the law, and the campaign for American citizenship by the first Indian rights organization consisting of all-Indigenous members. My hope is to highlight the many ways Indigenous peoples utilized contemporaneous mediums to challenge the loss of sovereignty, culture, and life.

Marie Baldwin, Racism, and the Society of American Indians

The French/Ojibwa lawyer, activist, and Office of Indian Affairs employee, Marie Louise Bottineau Baldwin (1863–1952), often receives mention in scholarly works on the Society of American Indians (SAI). Very few, however, have examined her contributions in detail. Only one article focusing exclusively on Baldwin has ever been published. Cathleen D. Cahill’s flattering portrait depicts Baldwin as a devoted suffragette and leading SAI figure who, in her roles as cofounder and treasurer, promoted the cause of Indian rights and her own Ojibwa values concerning women’s equality. Cahill explains Baldwin’s sudden exit from the SAI as a result of attacks by male, anti-Indian Office “radicals” who condemned her as disloyal for holding a government post, such as Carlos Montezuma (Yavapai) and Philip Gordon (Ojibwa). Closer inspection of the SAI’s conference proceedings and epistolary record reveals a very different story. In providing the first full account of Baldwin’s involvement in intertribal activism, this essay counters Cahill’s inaccurate interpretation of Baldwin’s withdrawal from the society, and, more importantly, examines Baldwin’s underreported, yet openly racist campaign among key SAI members to ban African Americans from the Indian Service. Baldwin’s incendiary statements on race offers a point of departure for further study of how the Society of American Indians viewed African Americans during the Progressive era’s intense segregation and prevailing social Darwinist theories of race.

Colonial Inversions: Roger Williams and Wiremu Tāmihana

This chapter turns to some remarkable examples in the colonial history of the Bible’s reception. In the seventeenth century, Roger Williams opposed Puritan national allegories by adopting the Persian imperial imaginary in order to secure Indian rights on Rhode Island. Wiremu Tāmihana advanced a similar anticolonial purpose in nineteenth-century Aotearoa New Zealand by embracing the law of kingship from Deuteronomy. Whether in ancient or modern times, the sheer complexity of intergroup conflict in colonial contexts is not always reducible to binary contrasts between elites and subalterns, or imperialists and nativists. The more subtle postcolonial readings will attend to the details of mimetic circulation, both in the compositional layers of the Bible and in its reception. The discussion includes historical reflections on the settler colonial context within which this book was written, Australia.

Bounding American Indian Businesses

Every Native Nation is a “border nation”— physically, economically, politically, and legally. As such, the volatile topic of these Native Nation boundaries is historically and contemporarily enmeshed with contestation and conflict, not only in the larger political actions of these states but also as it is felt in the daily lives of American Indian peoples. Boundaries of territory and citizenry in particular have always been crucial to the subject of American Indian rights. The delineations of these boundaries, then, have complications and consequences for the exercise of EBCI economic sovereignty as well as for the small- business owners that choose to operate there. These boundary formations are critical to understanding the contextual distinctiveness of federally recognized American Indian entrepreneurs through land rights, formation of citizenship requirements, and issues of representation (especially in relation to citizenship). This chapter looks specifically at the issues of land scarcity, trust land for Native Nations and their citizens, the cultural capital of this land in a tourism context, and the environmental impacts of economic development. Land scarcity may also cause citizens to leave the Qualla Boundary, resulting in some instances in brain drain, networking loss, and economic drain. The importance of citizenship, along with its complications, are illustrated through the efforts of Eastern Band of Cherokee Indians artists and their strategies to market their work.

Soberania e administração do Novo Mundo: das leis

RESUMOO artigo aborda a evolução histórica da base legal da Península Ibérica, desde o período romano até a consolidação do Direito Indiano no século XVII, incluindo as denominadas Leis das Índias (espanholas), assim como as Ordenações Filipinas (portuguesas). O estudo buscou identificar as origens, influências e os contextos sociais que contribuíram para a definição de instruções, ordenações, cédulas, cartas régias e leis que foram aplicadas na América pelos reinos de Espanha e Portugal. Teve como objetivo identificar as normativas e a base legal que deu origem aos distintos padrões de ocupação e urbanização das duas Coroas nos processos de conquista e colonização empreendidos a partir dos descobrimentos.PALAVRAS-CHAVEHistória do Direito. Direito Indiano. Direito Urbano Ibero-Americano.ABSTRACTThis article covers the historic evolution of the legal basis of the Iberic Peninsula, since Roman times to the consolidation of Indian Rights in the 17th century, including the so said Law of the Indies (Spanish) as well as the Philippine Ordinations (Portuguese). This study attempted to identify the origins, influences and the social contexts that have contributed to the definition of instructions, ordinations, bills, royal acts and laws that have been applied in America by Spain and Portugal. This investigation aimed to identify the norms and legal basis that originated the different patterns of occupation and urbanization of these two crowns along the conquest and colonization processes that started during the Discoveries Era.KEYWORDSHistory of Law. Indian Law. Ibero-American Urban Law.

“Darling Indians” and “Natural Lords”

Dixon contends that between the 1640s and Bacon’s Rebellion (1676), Virginia went far in following the Spanish policy of incorporating Natives into the polity. Reminiscent of the Spanish empire’s “republic of Indians,” the tributary Natives lived in semiautonomous communities. Virginia law granted tributary kings and queens a privileged standing to enhance their rule over potentially dangerous Indians. The colony (in theory) viewed Indians, particularly poorer ones, as having a special claim upon English justice. Indeed, comparing Virginia’s to Spanish America’s (more elaborate and theoretically developed) notions of corporate Indian rights suggests a model for grouping together early Virginia initiatives whose collective significance might otherwise be overlooked. The Spanish experience also highlights how Virginia’s tributary system, like the “republic of Indians,” claimed to uphold a particular vision of justice—one that purported to safeguard Natives against the worst abuses of colonists in return for loyalty to the king.