By David S. Case
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Additional resources for Alaska Natives and American Laws
200 (1904). 147. Davis v. Sitka School Board, 3 Alaska Rpts. 481 (1908). 148. These acts include: The Organic Act of May 17, 1884, § 8, 23 Stat. 24. The Act of March 3, 1891, ch. 561, § 14, 26 Stat. 1095. The Homestead Act of May 14, 1898, § 7, 20 Stat. 412. The Act of June 6, 1900, § 27, 31 Stat. 330. 149. D. 120 (1891). See also Sutter v. Heckman, 1 Alaska Rpts. 188 (D. Alaska 1901). 150. See Miller v. 2d 1005 (9th Cir. 1947), for a characterization of Alaska Native land claims as individual not tribal claims.
So too may United States domestic courts enforce customary international law as a matter of federal common law. 100 The United Nations Declaration on the Rights of Indigenous Peoples frames the first legitimate principles for measuring and realizing Indigenous human rights the world has ever known. Whether the often-shifting common law principles that underlie federal Indian law will measure up to the rights articulated in the Declaration may prove increasingly problematic. We now turn to those principles keeping in mind that the future may see the development of normative alternatives to some of them.
At 16 as to acquisition of lands and 18 as to circumstances that would warrant “just” war. It can be safely said that those circumstances (refusal to trade or allow conversions to Catholicism) were freely interpreted on the ground, resulting in just “war” without any justification. 47. Id. at 18–26. 48. Id. at 26–30. 6 at 11–14 (discussing Vitoria’s thought and later influence on international law). 49. Id. 34 (as to more limited las Casuan views), citations omitted. ” International law became the law applicable between nations, but it was not protective of human rights, much less the rights of “stateless” Indigenous Peoples.
Alaska Natives and American Laws by David S. Case