Preview: Chapter 8 of Territorial Disputes in the Americas
Territorial Disputes in the Americas (released August 20, 2025) delves into the continent’s complex territorial conflicts. Chapter 8, “Indigenous Rights and Implanted Populations,” examines the puzzling legal and political disparity where settlers or implanted populations are often recognized as “persons” with territorial claims, while indigenous populations’ status remains vague. As part of my 10-week chapter reveal series, this preview, grounded in my work, highlights the chapter’s key ideas. Explore cases like the Mapuche conflict and Raizal claims, and join the discussion on self-determination and peacebuilding.
Self-Determination vs. Territorial Integrity
Chapter 8 explores the tension between self-determination and territorial integrity in territorial disputes involving indigenous and implanted populations. Unlike Chapter 7’s focus on states with similar bargaining power, this chapter addresses non-state actors’ claims. Self-determination, centered on people rather than state territory, allows populations to choose their political status, potentially challenging territorial integrity (UN Charter, Art. 2.1). However, it does not always mean secession; options like autonomy or shared sovereignty exist. The chapter uses a multidimensional approach, integrating agents (individuals, communities, states), players (hosts, participants, attendees, viewers), contexts (domestic, regional, international), realms (factual, normative, axiological), and modes of existence (ideal, natural, cultural, metaphysical) to analyze cases.
Indigenous Peoples and Territorial Rights
Indigenous populations, historically marginalized during colonial times, face ongoing challenges in asserting territorial claims. Colonial powers ignored their legal personhood, treating their lands as terra nullius. Today, international law (e.g., 2007 UN Declaration on the Rights of Indigenous Peoples) and regional frameworks (e.g., 2016 OAS Declaration) recognize indigenous rights to land and resources but lack binding force. The ICJ’s rulings (e.g., Western Sahara, East Timor) affirm self-determination as an erga omnes right, yet indigenous territorial claims are often sidelined.
Domestically, progress varies:
Canada: The 1982 Constitution Act and Indian Act recognize Aboriginal rights, but disputes like the Beaufort Sea (Inuit claims) remain intra-state, balancing autonomy within state structures.
US: The 1934 Indian Reorganization Act acknowledges 574 tribal nations, yet transboundary issues (e.g., Apache, O’odham along the US–Mexico border) challenge state-centric borders.
Latin America: Countries like Ecuador and Bolivia lead with constitutional reforms (e.g., “buen vivir,” “Pachamama”) recognizing indigenous land rights. However, intra-state disputes persist, sometimes involving armed groups (e.g., Colombia’s FARC).
Mapuche (Argentina–Chile): A transboundary dispute where the Mapuche, South America’s largest indigenous group, reject state borders, clashing with extractive industries. Argentina’s co-management of Nahuel Huapi National Park signals cooperation, while Chile oscillates between conflict and dialogue. External support (e.g., UK-based Mapuche International Link) raises questions of foreign interference.
Implanted Populations
Implanted populations—settlers or descendants of slaves—also claim self-determination, complicating disputes:
Falkland/Malvinas Islanders: These settlers, present since the 1810s, assert self-determination (2013 referendum: 99.8% favored British status). Argentina views their presence as colonial “right-peopling,” while the UK and islanders argue no indigenous displacement occurred, negating settler colonialism. The dispute’s stalemate reflects competing claims over sovereignty, resources, and Antarctic access.
Raizal (San Andrés, Providencia, Santa Catalina): Descendants of African slaves, the Raizal claim cultural distinctness (Creole, Protestant) against Colombia’s Hispanic dominance. Supported by movements like Black Lives Matter and Proceso de Comunidades Negras, their self-determination claims challenge Colombia’s territorial integrity, intensified by resource-rich maritime zones.
Maroons (Marouini River, Suriname–French Guiana): Former slaves (Bushinenge) alongside Amerindians claim self-representation. France’s 2017 Grand Customary Council offers consultation but lacks binding power, highlighting tensions between universalist policies and local identities.
Multidimensional Approach
The multidimensional approach reveals:
Agents and Players: Indigenous groups (e.g., Mapuche) and implanted populations (e.g., Raizal) act as participants, not just attendees, challenging state-centric disputes. Non-state actors like NGOs (e.g., Mapuche International Link) influence outcomes.
Contexts: Domestic reforms (e.g., Bolivia’s constitution), regional frameworks (e.g., OAS), and international norms (e.g., UN Declaration) shape claims. External interference (e.g., UK in Mapuche case) complicates regional dynamics.
Realms: Factual (e.g., resource-rich territories), normative (e.g., UN Declaration), and axiological (e.g., prioritizing self-determination vs. integrity) realms drive disputes. Colonial legacies bias legal interpretations.
Modes of Existence: Ideal (e.g., decolonial ideologies), natural (e.g., Mapuche’s land ties), cultural (e.g., Raizal’s Creole identity), and metaphysical (e.g., “Pachamama”) elements highlight diverse claims. Nonlinear approaches reveal emotional drivers like cultural identity.
Cooperative Solutions
Chapter 8 argues that self-determination, when oppression is absent, need not lead to secession. Cooperative models like Argentina’s co-management with the Mapuche or Raizal autonomy proposals show potential for balancing self-determination with territorial integrity. The next chapter will explore dispute resolution mechanisms.
Get a Sneak Peek
Explore more at https://drjorge.world with posts like “Mapuche Conflict” and “Raizal Self-Determination.” Follow my weekly reveals on X (#TerritorialDisputes) and share your thoughts! Order details below.
NOTE:
New posts every Thursday.
NEXT POST:
Preview Chapter 9: Territorial Claims over Antarctica– Applies the multidimensional approach to Antarctica’s claims, involving Latin America and global powers, and provides policy guidelines to protect humanity’s interests.
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