Publication Date



61 p. ; An outstanding student paper selected as a Honors Paper.


This paper will compare the specific procedures and sources of authority of the Federal-Tribal "consultation process". Specifically, Part I and Part II of the paper compares the consultation process during the Encounter era, and as later developed in case law, executive orders, and federal policies. In Part III, the process of U.S. law will be compared with the consultation process as practiced in international law. Specifically; the paper will compare consultation procedures in the World Trade Organization, United Nations, and through international instruments. By comparing the United States consultation process with the consultation process as it exists in the international arena, it will be proven that the current United States government process is inadequate for protecting tribal sovereignty and is not a government to government communication that provides for the creation of an alliance or partnership. Finally, in Part IV, the author will propose strategies for strengthening the U.S. Federal-tribal consultation process by merging aspects of International law with the historical visions of Tribal law from encounter era diplomacy.


University of New Mexico School of Law

Document Type

Student Paper



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.