Chapter 2. Means Of Extinguishment

Abstract

While the practice of extinguishment was predominant at the time of colonization, this chapter suggests that States have not rejected this practice in their contemporary approach to indigenous peoples' territorial rights. It examines the cases in which international law established that indigenous peoples might have exercised some form of territorial rights, but that such rights have been extinguished either by colonial treaties or through national legislations. The chapter is divided into two different sections. The first section explores how the establishment of colonial treaties between States and indigenous peoples resulted in the extinguishment of indigenous peoples' land rights, and how, through these treaties, international law has provided resources to justify the extinguishment of indigenous territorial sovereignty over their own lands. The second section addresses the issue of extinguishment of indigenous title to territory through national laws and domestic case law using reference to international law.Keywords: colonization; domestic case law; indigenous peoples; indigenous territorial sovereignty; international law