The sweet spot between formalism and fairness: Indigenous peoples' contribution to international law

Abstract

Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law.1 In this way, Indigenous Peoples are crafting a legal system that achieves the “sweet-spot.” It has sufficient “hard-law” quality to restrain the self-interested instincts of powerful states-much needed by Indigenous Peoples seeking to realize their claims against states-and systemic inclusion and justice.