Stroschein, S; (2014) The autonomous structures of Native American reservations. In: Salat, L and Constantin, S and Osipov, A and Szekely, IG, (eds.) Autonomy Arrangements around the World: A Collection of Well and Lesser Known Cases. (pp. 187-199). European Centre for Minority Issue: Cluj-Napoca, Romania.

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Abstract

Native American Reservations in the United States are rarely approached from a comparative perspective regarding institutions for indigenous peoples. While there have been some comparative examinations of legal structures of indigenous law from a perspective of multiculturalist theory (Levy 2000), there is room for much more discussion of how these structures resemble or differ from other forms of autonomy throughout the globe, in comparative terms. The primary purpose of this paper is to present two areas where legal jurisdiction questions are raised for Native American reservations. These two areas can be used in evaluating similar autonomous structures for indigenous peoples in other countries, a growing area in the application of human rights. While the paper is oriented around the US example, some comparisons are drawn with native reserves in Canada and with aborignial territories in Australia.

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