Title: Coloniality of knowledge versus coloniality of power

Authors: Jürgen Poesche

Addresses: Montréal, QC, Canada

Abstract: Francisco de Vitoria's and Francisco Suárez' scholarship on jurisprudence demonstrates that the wars against the Indigenous American Nations was unjust. The Indigenous American Nations are therefore the only legal sovereigns in the Americas. Their disenfranchisements and dispossessions have been and are illegal based on the scholarship of Francisco de Vitoria and Francisco Suárez. Both the Indigenous American Nations and the African American communities are entitled to remedies for the coloniality of knowledge and coloniality of power from the Occident. This paper contains three key contributions. First, Indigenous American Nations have complete and continuous sovereignty with all associated powers over all of the Americas. Second, colonies and settler colonial states may be internally autonomous, but they are subject to Indigenous American Nations' complete and continuous sovereignty. Third, colonies and settler colonial states cannot grant any remedies for slavery-related coloniality to African American communities contravening the Indigenous American Nations' sovereignty.

Keywords: African Americans; indigenous Americans; jurisprudence; legal pluralism; Sovereignty.

DOI: 10.1504/IJPLAP.2023.134281

International Journal of Public Law and Policy, 2023 Vol.9 No.4, pp.432 - 452

Accepted: 03 May 2023
Published online: 17 Oct 2023 *

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