By David S. Case
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Arts. 55 and 56. adopted for the protection of the institutions, persons and labour of 64. Id. Art. 61. org/en/ecosoc/about/members. shtml; consulted July 14, 2011). 65. Id. Art. 62. 66. Id. Art. 68. 67. The Human Rights Council was established by General Assembly Resolution 60/251 (March 15, 2006). See Working with the United Nations Human Rights Programme (A Handbook for a Civil Society) (Office of the High Commissioner for Human Rights, New York and Geneva: 2008) at 75 and 78. aspx. ” Following Resolution 61/16, ECOSOC adopted decisions E/2006/274 and 2006/206 providing for the involvement of ECOSOC’s subsidiary bodies and adaptation of ECOSOC’s working methods.
96. g. 10, Chap. 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.
The Indian Commerce Clause and Supremacy Clause thus afford Congress complete (plenary) power over Indian affairs. The Treaty Clause (art. 11, § 2, cl. 2) permits the president to negotiate treaties, subject to ratification by the Senate, and is another source of federal authority. ”107 That obligation has been variously described as one of “fairness,” “trust,” or “guardianship” and is the product of the unequal relationship between the federal and Indigenous governments. S. is that between a superior and an inferior, whereby the latter is placed under the care and control of the former, and which, while it authorizes the adoption on the part of the United States of such policy as their own public interest may dictate, recognizes, on the other hand, such an interpretation of their acts and promises as justice and reason demand in all cases where power is exerted by the strong over those to whom they owe care and protection.