Abstract
Land is the central foundation around which all life is formed. Therefore,
societies must have a stable connection with the land in order to be structurally
sound. If this connection is weak or inflexible, every building-block of
civilization laid on top of it will inevitably crumble. Some societies have established
stable relationships with the land by working around and responding
to nature’s rhythms in order to satisfy their needs. Whereas other societies
have ignored nature’s intricacies and instead have tried to strong-arm
nature into yielding to their whims. These two diametrically
opposed approaches to conceiving of humans’ relationship with the land are
exemplified by America’s Indigenous peoples and Colonial immigrants, respectively.
Over the 15,000 plus years that American Indians have spent on
this continent, they have developed a system of land use that has allowed
them to live sustainably within their means. They have also created a system
of land stewardship that reflects their deep reverence for the land as a living,
breathing entity. This is in stark contrast to the system developed by White
immigrants, which treats the land as a commodity, and fails to devote resources
to its protection, unless it is benefitting a private interest. As this
paper will demonstrate, these conceptions of land are deeply entrenched in
each society’s identity. Thus, if America’s federal government is to find a
solution to its self-inflicted climate crisis, it must look outside of itself for
answers. It must instead look to the infinite stores of wisdom that have been
passed down for generations by our Nation’s original inhabitants. But America
must be careful not to perpetuate its appropriative track record by integrating
this wisdom into its existing management system without also integrating
the Indigenous peoples that provided it. Only by recognizing
American Indian land rights will America have a fighting chance in saving
this country from environmental extinction. As an achievable first step, the
U.S. federal government must recognize American Indians’ international law
right to Free, Prior, and Informed consent.
Recommended Citation
Haley Edmonds,
Expanding American Indian Land Stewardship: An Environmental Solution for a Country in Crisis,
25
Rich. Pub. Int. L. Rev.
241
(2022).
Available at:
https://scholarship.richmond.edu/pilr/vol25/iss3/10