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
Hicks, Maureen. "Past Meets Present: Infusing the Tribal Federal Consultation Process with Visions from Encounter Era Diplomacy and Present Day International Instruments." (2001). https://digitalrepository.unm.edu/law_studentscholarship/24