The Laws and the Land: Borders and the Spatio-Legal Underpinnings of Settler-Colonialism
Topics: Legal Geography
, Indigenous Peoples
, Cultural and Political Ecology
Keywords: border studies, settler-colonialism, Indigenous sovereignty, Indigenous-led conservation, political ecology, human geography
Session Type: Virtual Paper Abstract
Day: Tuesday
Session Start / End Time: 3/1/2022 09:40 AM (Eastern Time (US & Canada)) - 3/1/2022 11:00 AM (Eastern Time (US & Canada))
Room: Virtual 4
Authors:
Shoukia van Beek, University of Victoria
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Abstract
In the ways legal terminology order space, borders appear as the simple symbol, marker, or arbiter of distinct territorial claims between established states and subjects. However, as an examination of settler-colonialism reveals, the ostensible appearance of the law as an autonomous and unified source of authority is both an outcome and an instrument in the making of particular forms of political jurisdiction and territory. The view that borders and the territorial state act as “the strict container of society,” is strongly contested by Indigenous nations whose traditional territories and legal orders continue to this day, extend across international borders, and undermine the legitimacy of an exclusive unified order of colonial authority. Despite a growing body of literature in border studies, scholars largely neglect the implications of nation-state boundaries and territorialization taking place across sovereign Indigenous lands and lawscapes. This paper looks at how borders assert colonial law by documenting Siksikaitsitapi experiences of the border as a colonial method of containment, and their refusal of these processes. Refusal is demonstrated through the Iinnii Initiative; a Siksikaitsitapi led conservation initiative to re-introduce free-roaming buffalo to the plains. The re-introduction of buffalo demonstrates Siksikaitsitapi legal orders; through repeated crossings, and the perpetuation of relations with plant, animal, air, and water nations, the Siksikaitsitapi challenge exclusivist settler claims to space and authority in the borderlands. This study employs qualitative analysis of semi-structured interviews to construct a narrative of Siksikaitsitapi agency surrounding the US-Canada border. Data has been collected from interviews, fieldnotes, and published documents.
The Laws and the Land: Borders and the Spatio-Legal Underpinnings of Settler-Colonialism
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Virtual Paper Abstract
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