Treaty Rights and the Right to Culture

Native American Subsistence Issues in US Law

Bibliographic Data

ID3877833
AuthorsJennifer Sepez (The National Marine Fisheries Service, corresponding author)
Year2002
Volume14
Issue2
Pages143-159
Publication date2002-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueCultural Dynamics (JOURNAL)
Journal identifiersISSN: 0921-3740 • E-ISSN: 1461-7048
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/09274002014002631
OpenAlexW2067912731
LanguageEN
Citations received10
References cited2

The interplay of treaty rights with the right to culture has produced a variety of results for Native American subsistence hunting and fishing rights in the United States. Where allocation and conservation measures fail to account for cultural considerations, conflict ensues. This article discusses three examples: waterfowl hunting in Alaska, Northwest salmon fishing, and Inuit and Makah whaling. Each demonstrates that treaty rights are a more powerful force than cultural rights in the law, but that both play important roles in actual policy outcomes. A more detailed examination of whaling indicates how the insertion of needs-based criteria into a framework of cultural rights shifts the benefit of presumption away from indigenous groups. The cultural revival issues and conflicting paradigms involved in Makah whaling policy debates indicate how notions of tradition, authenticity, and self-determination complicate the process of producing resource policies that recognize cultural diversity

Archaeology · Cultural rights · Environmental ethics · Geography · Human rights · Indigenous · Indigenous rights · International human rights law · Law and economics · Political science · Presumption · Sociology · Subsistence agriculture · Treaty · Whaling · Indigenous Studies and Ecology · International Maritime Law Issues · Law · Ecology

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