Using international standards as shields, not ceilings
Using International Standards as Shields, Not Ceilings
International standards may be used by the Ts’msyen Nation as **protective shields**, not as ceilings that limit or define Ts’msyen law. They can assist in resisting harm, asserting minimum protections, and engaging external systems, while *ayaawx* remains the source of authority.
This page clarifies how international standards may be used without surrendering jurisdiction or narrowing Ts’msyen rights and responsibilities.
Foundational Understanding
Ayaawx is complete law.
International standards:
- do not create Ts’msyen rights
- do not define Ts’msyen responsibilities
- do not replace Ts’msyen jurisdiction
- do not exhaust Ts’msyen law
They may, however, provide **minimum external recognition** useful for defense.
Shields, Not Ceilings
Using international standards as shields means:
- invoking them to block harm
- using them to resist external denial
- relying on them to expose violations
- using them as floors of protection
They must never be treated as ceilings that cap Ts’msyen law.
Ts’msyen law may exceed, differ from, or operate beyond international standards.
Purpose of Using International Standards
International standards may be used to:
- defend land and waters
- resist environmental destruction
- assert minimum human and collective protections
- challenge abusive conduct
- expose bad-faith external action
- create pressure for restraint or accountability
Use is strategic, not submissive.
Non-Substitution Principle
International standards must not be substituted for ayaawx.
This means:
- Ts’msyen law is named first
- international standards are cited second
- no equivalence is implied
- no hierarchy is accepted
Ayaawx defines obligation; international law may reinforce it externally.
Avoiding Ceiling Effects
Ceiling effects occur when:
- international standards are treated as maximum rights
- Ts’msyen law is narrowed to fit global categories
- silence implies acceptance of limitation
- external actors claim “compliance” as completion
Compliance does not exhaust responsibility.
Relationship to UN and Other Instruments
Instruments such as UN declarations or conventions:
- may affirm minimum protections
- may support resistance to harm
- may assist in external advocacy
They do not:
- override Ts’msyen law
- limit Ts’msyen authority
- define Ts’msyen governance
- replace internal processes
International law recognizes; it does not rule.
Strategic Use in External Forums
When used externally, international standards:
- support Ts’msyen positions
- expose double standards
- provide common language for pressure
- reduce denial of harm
They are tools, not foundations.
Internal Safeguards
To prevent erosion through international framing:
- ayaawx remains primary in all documents
- Ts’msyen law is described independently
- international standards are clearly secondary
- interpretation authority is reserved internally
- review and correction are ongoing
Defensive use must not become dependency.
Role of Elders and Knowledge Holders
Elders guide whether and how international standards are used.
They:
- assess risk of narrowing law
- ensure alignment with ayaawx
- guide proportional use
- protect long-term authority
Wisdom governs strategy.
Teaching the Difference
Community members and youth are taught that:
- international standards are minimums
- Ts’msyen law is complete and sufficient
- recognition does not equal permission
- defense does not require surrender
Clarity prevents quiet loss.
Continuity
By using international standards as shields rather than ceilings:
- Ts’msyen law remains whole
- external harm is resisted
- authority is preserved
- future generations inherit strength
We accept protection where useful. We reject limitation where it is imposed.