Original Nation Approaches to Inter-National Law

1. Front Matter

   Pages i-xxii

   PDF

2. Introduction: The Original Nation Scholarship

   • Hiroshi Fukurai, Richard Krooth

   Pages 1-20

3. The Nation and the State

   • Hiroshi Fukurai, Richard Krooth

   Pages 21-69

4. The Conflict Between the Nation and the State

   • Hiroshi Fukurai, Richard Krooth

   Pages 71-104

5. Original Nation Approaches to Inter-National Law (ONAIL)

   • Hiroshi Fukurai, Richard Krooth

   Pages 105-179

6. The Lakota Nation’s Search for Independence: The Nation of Lakota Versus the State of “the United States of America” and the Constitutional Amendments for National Liberation

   • Hiroshi Fukurai, Richard Krooth

   Pages 181-212

7. Earth Jurisprudence, the Rights of Nature, and International Rights of Nature Tribunals

   • Hiroshi Fukurai, Richard Krooth

   Pages 213-246

8. The Original Nation’s Path to Recognition Under International Law: The Sovereignty-Making of Zapatista, Cherán, and Neuquén

   • Hiroshi Fukurai, Richard Krooth

   Pages 247-271

9. Conclusion: The Future of the Original Nation and the Global Nation in the Age of Anthropocene

   • Hiroshi Fukurai, Richard Krooth

   Pages 273-298

10. Back Matter

    Pages 299-370

    PDF

This book introduces the Original Nation scholarship to examine the historical genealogy of the nation’s struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct “on-the-ground” and “bottom-up” portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoplesacross the globe.

• Nation
• State
• Original Nation
• Third World
• Fourth World
• identity
• genocide
• human rights
• climate change
• International Law
• NATO
• nation-state conflicts
• Investor State Dispute Settlement
• SOFA
• indigenous politics
• anti-colonialism
• indigenous community
• self-governing
• political activists
• solidarity

“A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed.” (Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004))

“This book results from the most profound and well-illustrated research that diverges and goes beyond traditional and TWAIL discourses, which remain paralyzed on the state as a canonical unit of geopolitical analysis. His ONAIL approach is a catalyst for a much-needed theoretical and practical change of mindset and behavior that prioritizes non-state-centric perspectives and is designed to treat the ecology and environment as indispensable elements of theoretical tenets that negate the human-centric, Anglo-American, and European historical narratives. It is a perfect example of the way a dissenting theory can foster innovation and accentuate largely unheard voices.” (Denis De Castro Halis, Professor of Law, Estácio de Sá University, Brazil)

“A powerful manifesto for a true ‘Inter-National’ law against the hegemonic ‘international’ system of states and a resounding reminder that human emancipation cannot be separated from ecological justice.” (Chulwoo Lee, Professor of Law, Yonsei Law School, Korea)

“Packed with horrifyingly compelling examples from a range of geographical and historical contexts, this comprehensive volume goes beyond reminding us of the massacres, epidemics, land appropriations and ecological disasters that continue to ravage ancestral nations to this day to enjoining us to question the legitimacy and utility of the state-based political order that has come to control the planet with increasingly destructive consequences. This book argues that for humanity to survive a legal and cognitive transformation in ‘international law’ is required that puts collaboration among original nations at its heart.” (Richard Powell, Professor at the College of Economics, Nihon University, Japan)

• Legal Studies and Sociology, University of California Santa Cruz, Santa Cruz, USA

  Hiroshi Fukurai

• Department of Sociology, University of California Santa Cruz, Santa Cruz, USA

  Richard Krooth

Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA). He is specialized in lay adjudication, indigenous approaches to international law, and Asian law and politics. His books include Japan and Civil Jury Trials: The Convergence of Forces (2015); East Asia’s Renewed Respect for the Rule of Law in the 21^st Century (2015); Race in the Jury Box (2003); Anatomy of the McMartin Child Molestation Case (2001); and Race and the Jury: Racial Disenfranchisement and the Search for Justice (1993, Gustavus Meyers Human Rights Award).

Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA. His research reveals how human-made technologies have had a devastating impact on Earth’s biosphere, and attempts to put the current planetary crisisinto the context of its historical setting. His books include Darwin’s Walk and the Last Wave: Disappearing Landscapes, Declining Species (2017); Nuclear Tsunami: Japanese Government and American Role in Fukushima Disaster (2015); and Gaia and the Fate of Midas: Wrenching Planet Earth (2009).

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