By David S. Case
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10 at 203–205 (suggesting a return to “negotiated arrangements between Indian tribes and the United States” based on the declaration’s principles). 97 By their very nature, human civil, political, economic, social, and cultural rights are interrelated, and nowhere is that more so than for the land-based cultures of Indigenous Peoples. 98 The mechanisms of ECOSOC and the Human Rights Council provide a means to enforce them. So too may United States domestic courts enforce customary international law as a matter of federal common law.
Colonialism’s base forces—greed, prejudice and “just” war—had won the day, but las Casuan ideals had been given official voice, if ever so briefly. The long-delayed publication of the “History of the Indies” in 1875 may have initiated the long process of resurrecting those ideals in more favorable times. Some modern scholars now credit las Casas as one of (if not the) originators of the modern concept of human rights based on principles of natural law untethered from religious dogma and uncompromised by colonial goals of the acquisition of land and hegemony.
24 at 51–54. 24 at 54. Begun in 1527, the “History of the Indies” was completed in 1561 but not published until over three hundred years later in 1875, most likely due to its indictment of Spanish colonization. wikipedia. org/wiki/Bartolomé_de_las_Casas; last modified 7/6/211; consulted July 7, 2011). ) 37. 25 at 89 (describing the effect of las Casas’s writing on the Pope). 38 Sublimus Dei reinterpreted or at least modified Inter Caetera’s seeming grant of absolute power over the “dominions, cities, camps, places, and villages, and all rights, jurisdictions, and appurtenances” of the Indigenous Peoples in the Americas.