The Right of Self-Determination of Peoples and its Application to Indigenous Peoples in the USA

Great Nations and their indigenous populations – a relationship with a strong burden of history. Especially in the USA where the Indian Nations and Tribes regard themselves as peoples this is a matter of great importance. Long standing state practice of the USA by means of concluding treaties justifies their assumption. The first part of this study proves that the Indian Nations in the USA can claim the right of self-determination being indigenous peoples. To underline this, it analyses the historical development of that international law institute within the UN and establishes the validity as customary law. Still existing questions are answered in the context of the process developing a UN-declaration on the rights of indigenous peoples. Additionally, the current significance of the right of self-determination for these peoples is shown. The second part describes the legal practice in the USA towards its indigenous population and criticizes it according to rules of international law. Strongly disputed aspects in view of a claim for sovereignty are highlighted. Finally, the study suggests a "healing treaty" which includes solutions to the most pressing issues still unsolved.