New article: 'The Gewirthian Needs-Based Hierarchy: A Concept for Prioritising Conflicting Norms in International Law' by Marc A. Stuhldreier, Nordic Journal of Human Rights:
https://www.tandfonline.com/doi/full/10.1080/18918131.2023.2229155

#internationallaw
#accesstomedicines
#righttohealth
#legalhierarchy
#treatylaw
#IP
#patentrights
#TRIPS
#gewirth
#humanrights
#WTO

' The political status of tribal nations is laid out in the Constitution and affirmed by hundreds of years of legal precedent. The U.S. government had to negotiate and, in nearly 400 cases, sign treaties with Native American tribes because of their political, cultural and military strength. Just as the federal government honors the treaties it has signed with France or Germany, it’s bound by those it has agreed to with sovereign Indigenous nations. '

#Indigenous #sovereignty #TreatyLaw

2/2

Two cases brought by right-wing legal groups -- one in the US Supreme Court and second in Washington state -- are threatening the sovereign status of Indigenous nations.

' The two cases [argue] that federal laws that outline the U.S. government’s obligations to Indigenous nations ... violate the equal protection clause of the 14th Amendment [and that] such laws are racially discriminatory — against non-Indigenous people. '

#Indigenous #sovereignty #TreatyLaw

1/2

https://www.underscore.news/reporting/experts-say-lawsuits-pose-greatest-threat-to-tribes-in-decades

https://lpeproject.org/blog/good-native-governance-for-the-seven-generations/?utm_source=mailpoet&utm_medium=email&utm_campaign=lpe-blog-update
#Law #PoliticalEconomy #TransformativeJustice #SocialJustice #NativeAmerican #TreatyLaw
by way of @LPEblog (recommended follow)