By David S. Case
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Id. at 28. 10 at 49–53 (discussing the development of the UN Charter). ” 56 The UN Charter planted the seeds for further development of human rights law embodying principles of cultural and social diversity and self-determination. ” It is an elastic purpose that can expand with the scope of international law. ” The decades following the adoption of the UN Charter have seen these clauses implemented to expand the scope of international law to include, among other matters, the broader human rights concerns for the “self-determination of peoples” who themselves do not constitute states.
Supp. C. C. 1973) (federal obligation to protect alleged aboriginal claims of Alaska Natives). 130. , Tee-Hit-Ton Indians v. S. 272 (1955) (unrecognized aboriginal title not compensable under the Fifth Amendment). See also United States v. S. 535 (1980) (requiring specific statutory obligation to impose trust responsibility on the United States). 131. Act of August 15, 1953, Pub. L. No. 83-280, 67 Stat. A. A. A. §§ 1321 and 1322) (conferring a measure of state criminal and civil jurisdiction over Indians and “Indian country”).
They are dependent on the federal government to protect their aboriginal lands and give fair satisfaction to Native land claims;121 they depend on the government to provide important human services when the states refuse or are unable to;122 and they are dependent on the government to protect subsistence resources123 and tribal government124 from state or non-Native encroachment. , Alaska Pacific Fisheries v. S. 78, 89 (1918). , Menominee Tribe of Indians v. S. 404 (1968); John v. Baker I, 982 P.