Indigenous ontology and international law

This chapter examines the ontological foundations of international law and their impact on Indigenous peoples, with a particular focus on Aboriginal and Torres Strait Islander peoples in Australia. It argues that international law’s concepts of sovereignty, civilization, nature, and rights are grounded in a distinctly Western, modernist ontology that has been used to justify colonialism and environmental exploitation. This ontological framework contrasts with many Indigenous ontologies, which tend to emphasize relationality, reciprocity, and obligations to Country. The chapter explores how this ontological clash has affected Indigenous peoples through the imposition of international law norms in domestic legal systems. It then considers how Indigenous peoples are actively challenging and reshaping international law’s ontological foundations through interventions in both international and domestic forums. Key examples include the UN Declaration on the Rights of Indigenous Peoples, the successful human rights communication regarding climate change made by Indigenous claimants from the Torres Strait Islands, and recent Australian jurisprudence recognizing Indigenous ontologies. By unsettling international law’s foundational concepts, these Indigenous legal interventions open up possibilities for ontological and legal pluralism. The chapter argues that such pluralism is necessary to address the global environmental crisis and achieve social and ecological justice. It concludes that embracing Indigenous wisdom and ontologies in international and domestic law could transform our collective response to planetary challenges.