Interpretation Restrictions must legally mandate a decrease in the quantity produced – regulations are distinct



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Conflict




Self-Determination cannot be attained via the state- it must be created by the Native Americans themselves


Peter d'Errico, Legal Studies Department, University of Massachusetts/Amherst. October 24, 1997 American Indian Sovereignty: Now you see it, Now you don’t, http://www.umass.edu/legal/derrico/nowyouseeit.html (DS)
Ultimately, it is land -- and a people's relationship to land -- that is at issue in "indigenous sovereignty" struggles. To know that "sovereignty" is a legal-theological concept allows us to understand these struggles as spiritual projects, involving questions about who "we" are as beings among beings, peoples among peoples. Sovereignty arises from within a people as their unique expression of themselves as a people. It is not produced by court decrees or government grants, but by the actual ability of a people to sustain themselves in a place. This is self-determination. Self-determination of indigenous peoples will be attained "through means other than those provided by a conqueror's rule of law and its discourses of conquest." [Williams, 327.] The "anachronistic premises" [Id.] of the current system of international law -- "discovery" and "state sovereignty" -- must be discarded in order to understand self-determination clearly and see a way to manifest it. This is the real struggle of indigenous peoples: "to redefine radically the conceptions of their rights and status.... to articulat[e] and defin[e] [their] own vision within the global community." [328.] On the plus side for all of us, this struggle has the "potential for broadening perspectives on our human condition." [Id.] As Phillip Deere said, "It is a mistake to talk about an American Indian way of life. We are talking about a human being way of life." [Deere.]



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