Treaty Rights to Economic Sovereignty in the United States

This chapter delves into the United States’s treatment of Indigenous peoples, with a specific focus on Indigenous sovereignty and economic rights. It begins by introducing the topic and setting the context for the discussion by providing a history of the treatment of Indigenous peoples in the legal framework, with an emphasis on the series of cases dubbed the Marshall Trilogy . This includes the struggles and advancements in recognizing tribal nation sovereignty and economic rights. It examines the recognition and affirmation of tribal nation sovereignty within the United States, including legal developments and court decisions that have shaped Indigenous self-governance. This chapter analyses the landmark case of McGirt v. Oklahoma , emphasizing its role in addressing past legal injustices, establishing tribal reservation boundaries, and strengthening tribal jurisdiction. It also investigates US tribal sovereignty in the context of international Indigenous trade, showcasing the ways in which Indigenous communities engage in economic activities and exercise their sovereignty on the global stage.