UNDRIP contains provisions on both self-government and Indigenous territorial control but does not specify how these rights are to be implemented. State legal systems in common law countries adopt a range of different models for recognizing Indigenous territorial control. In many cases, Indigenous territorial control is predicated on Indigenous property interests in land. Where this approach is adopted, the collective authority of the Indigenous group only extends to lands in which the Indigenous group or its members hold a recognized property interest. However, there are also prominent instances in which the state legal system recognizes Indigenous territorial jurisdiction that is independent of land tenure. This chapter compares models of Indigenous territorial control adopted in the United States, Canada, Australia, and New Zealand. The chapter argues that there are potential advantages and disadvantages associated with each model. How these tradeoffs are viewed will depend in large part on the values and circumstances of particular Indigenous communities.
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