ABSTRACT

Skibine argues that a decolonized trust would emphasize tribal sovereignty, limit congressional plenary power, and break from notions, rooted in the discovery doctrine, of ultimate federal title over tribal land. Bronin's primary focus is the unfulfilled promise of the Indian Tribal Energy Development and Self-Determination Act of 2005(ITEDSA) to promote tribal self-governance when it comes to energy development. This chapter introduces conservation easements, explains their purposes, and covers the legal bases under state, tribal, and federal law for tribes to be holders of conservation easements. Although the story illustrates many of the stumbling blocks that present themselves when tribes and environmentalists join forces, Carlson and Coulter's chapter offers an example and road map for how tribes and environmentalists ultimately can work together to pursue common interests. Otis gives a brief history of the rising attention to indigenous rights in international law before focusing on the work of the Inter-American Court of Human Rights.