This paper offers a sociological interpretation of the Canadian Comprehensive Land Claims (CLC) process, arguing that CLC is a strategy used by the state to dispossess Aboriginal peoples. CLC does this through leveraging the cession of Aboriginal rights and the relinquishing of indigenous lands. Drawing upon the ongoing Innu Nation Tshash Petapen (‘New Dawn’) agreement, I examine four related aspects of the process and the agreement which operate to dispossess the Innu: (1) the undemocratic social and political contexts in which agreement is elicited, (2) the depletion of Aboriginal rights of the indigenous party, (3) the depletion of indigenous lands, and (4) the creation of wealth and debt. Finally, I will interpret these processes as building on social changes inflicted on the Innu. These are characterized by imposed law and the state of exception.

The material for this section has been prepared by a committee consisting of Richard B. Bilder, Harold S. Burman, Stanley L. Cohen, Thomas T. F. Huang, Sylvia E. Nilsen, and Herbert K. Reis under the chairmanship of Ernest L. Kerley, all of the Office of the Legal Adviser, Department of State. Mr. Alfred P. Rubin of the Office of General Counsel, Department of Defense, has provided the committee with material originating in the Department of Defense.

State Succession — Succession to Rights — Fiscal Funds.

Jurisdiction — Over Nationals Abroad — In Ceded Territory Still Occupied by Ceding State — Duty to Maintain Order-The Law of India.

Cession — Duty to Maintain Order in Ceded Territory Still Administered by Ceding State — Nationality and Allegiance of Inhabitants — Territorial and Extra-Territorial Jurisdiction — Jurisdiction over Nationals in Ceded Territory — The Law of India.

Nationality — Effect of Cession.

Treaties — Interpretation of — Interpretation according to the Meaning Prevalent at the Time of the Conclusion of the Treaty.

Cession — Effect upon Nationality — Treaty of Paris of November 20, 1815 — Article 7 — Determination of Nationality of Inhabitants of Territories ceded to Prussia by France — Interpretation of Provisions of the Treaty by Application of General Principles of Law in force in 1815.

Cession — Boundary Treaties — Effect upon Private Rights.

Arbitration — Award — Boundary Commissions — Effect of Award of.

Territory — Water Boundaries — Avulsion — Interpretation of Boundary Treaty — Boundary Commission — Effect of Change of Sovereignty on Private Rights.

Cession — Effects of — Continuation of Laws.

State Succession — Continuation of Laws — Effects of Cession — Analogy of International Law for the Purposes of Internal Public Law — Cession by a State to the Federal Government

Cession — Legislation by the New Sovereign — How far Applicable to Contracts Concluded Previous to Cession.

Jurisdiction — Exterritorial Operation of Legislation — Contract between Nationals in National Territory — Subsequent Cession of Territory — Subsequent Legislation by the New Sovereign — Effect on Parties Abroad.

Cession — Incomplete Cession — Disguised Cession.

Territory — In General — Restriction of Territorial Sovereignty — Cession — Incomplete Cession — Residuary Sovereignty — Position of Crete and Samos in Relation to Turkey — Disguised Cessions.

Cession — In General — Effect on Private Rights.

Boundaries — Boundary Rivers — Avulsion.

Recognition of Acts of Foreign States — Conclusiveness of Acts of Sovereignty Performed in Foreign Territory — Expropriation — Avulsion — Effect of Cession on Private Rights

Cession — Perpetual Lease of Territory at Quit Rent — Whether Constituting Cession.

State Succession — Respect of Private Rights — British Practice — Act of State — Exclusion of Jurisdiction of Municipal Courts — Perpetual Lease of Territory of Native Indian States — Whether constituting Cession of Sovereignty.

Cession — Right of Ceding State to Dispose of Assets Prior to the Entry into Force of the Treaty.

State Succession — Succession to Rights — Right of the Ceding State to Dispose of Assets Prior to the Entry into Force of the Treaty.

Cession — Obligations of Ceding State in the Period between Armistice Agreement and Entry into Force of the Treaty of Peace.

Treaties — Operation of — Obligations in the Period between Armistice Agreement and Entry into Force of the Peace Treaty.

Armistice — Armistice Agreement of 11 November, 1918 — Obligations in the Period between Armistice Agreement and Entry into Force of the Treaty of Peace.

State Succession — Respect of Private Rights — Private Rights Granted for Political Purposes — Holdings of German Settlers in Territory Ceded by Germany to Poland — Personal and Real Character of Rights — Jura ad rem — Article 256 of the Treaty of Versailles — Armistice Agreement of 11 November, 1918 — Rights of Disposal and Administration in the Period between Armistice and Entry into Force of the Treaty of Peace.

Cession — Plebiscite — Territories not Definitely Ceded — The Province of Tacna — Treaty of Anc༹n of 1883 between Chile and Peru — Status of Territories Handed over Subject to a Future Plebiscite.

Nationality — As Affected by Changes of Sovereignty — In Territories not Definitely Ceded — The Province of Tacna — The Treaty of Ancón between Chile and Peru.

State Succession — In Obligations — Actions against German Treasury — Danzig Free State.

Exemption from Jurisdiction — Foreign States — Germany — Jurisdiction of Danzig Courts.

Cession — Effect of — On Pending Actions — Loss of German Sovereignty over Danzig — Competence of a German Court of Appeal — Action against the German State.

Cession — Effect on the Jurisdiction of Courts in respect of Immovable Property.

Interpretation of Treaties — Boundaries — Conditional Renunciation of Rights.

Cession — Conditional Renunciation of Territory — Future Determination of Boundary — Interpretation of Relevant Treaty Provisions — Article 16 of the Treaty of Lausanne.

Cession — Conditional Renunciation of Sovereignty Pending Plebiscite — Effect on Status of Territory and Nationality of Inhabitants — Articles 88 and 296 of the Treaty of Versailles.

Effect of Treaties between Signature and Ratification — Effect between Ratification and Transfer of Sovereignty in Case of Plebiscite — Right to Alienate Property.

Burden of Proof — Abuse of Rights — The Burden of Proof Resting upon a State Alleging the Abuse of a Right by Another State.

Cession — Conditional Renunciation of Sovereignty — Plebiscite — Powers of Ceding States between Ratification of Treaty and Transfer of Sovereignty — Period between Signature and Ratification — Right to Alienate State Property in the Course of Normal Administration — Plebiscite Territory of Upper Silesia — Article 256 of the Treaty of Versailles.

Cession — Effect of Change of Nationality on Private Rights and Obligations.

Cession — Date of Acquisition of Sovereignty over Ceded Territory.

Ratification — Effect of — Cession — Date of Entrance into Force.