Finality Clauses & the Promise of “Once and For All”

ERA II — The Settlement Design
Statute
1971

ANCSA was framed as a comprehensive, final resolution to Native land claims.

What Happened

The Act explicitly positioned itself as a permanent settlement, emphasizing that claims would not be revisited. This messaging reassured industry and government actors but assumed that governance structures chosen in 1971 would remain fit for purpose indefinitely.

Why It Matters Today

Finality language has become a barrier to adaptation, even as economic systems, legal standards, and shareholder expectations have evolved dramatically.

Related Patterns

Pattern 1: Finality Without Adaptation
Pattern 8: Procedural Legitimacy vs. Trust

Related Governance Themes

‍ Predictable mechanisms for future inclusion decisions
Non-Dismissive Engagement Standards
Accessible Archives of Public Information

Sources

Primary Source
Secondary Source Link