Indigenous Peoples and International Trade
Building Equitable and Inclusive International Trade and Investment Agreements

An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.

John Borrows (Edited by), Risa Schwartz (Edited by)

9781108717229, Cambridge University Press

Paperback / softback, published 3 March 2022

354 pages, 1 table
22.9 x 15.2 x 2 cm, 0.523 kg

'… fills an important gap within the international trade and investment and indigenous peoples' socioeconomic development discourse, as it provides valuable context for understanding the present predicament of indigenous peoples in their quest to attain sustainable development … Indigenous Peoples and International Trade advances pragmatic and well-reasoned ideas to improve the current global economic development structure and expands the platform of international trade and investment agreements to accommodate indigenous perspectives and to facilitate inclusive socioeconomic conditions for indigenous peoples throughout the world.' Jide James-Eluyode, Journal of International Economic Law

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Foreword James (Sa'kej) Youngblood Henderson
Introduction John Borrows and Risa Schwartz
Part I: Indigenous Peoples and International Trade and Investment: Historical and Regional Perspectives
1. Indigenous Diversities in International Investment and Trade John Borrows
2. Indigenous Historic Trade in the Western Hemisphere Angelique Eaglewoman (Wambdi A. Was'tewinyan)
3. Indigenous Peoples of Mexico At the Crossroads: The Human Cost of Continental Trade James Hopkins
4. Neocolonialism and the Tension Between International Investment Law and Indigenous Peoples: The Latin American Experience Enrique Prieto-Ríos and Daniel Rivas-Ramírez
5. How the WTO Constructed Inuit and Indigenous Identity in the Ec-Seals Products Michael Fakhri and Madeleine Redfern
Part II: Building a More Equitable and Inclusive Free Trade Agreement
6. Environment Chapter: Recognizing the Rights of Indigenous Peoples in International Trade and Environment William David
7. Intellectual Property Chapter: Trade-Related Aspects of Traditional Knowledge Protection Oluwatobiloba Moody
8. Investment Chapter: International Investment Agreements and Indigenous Peoples' Rights Brenda L. Gunn
9. Government Procurement Chapter: The Complex Landscape of Indigenous Procurement Maria Panezi
10. Trade and Indigenous Peoples Chapter: Developing a Trade and Indigenous Peoples Chapter For International Trade Agreements Risa Schwartz
11. General Exceptions: The Treaty of Waitangi Exception in New Zealand's Free Trade Agreements Amokura Kawharu
12. Human Rights Impact Assessment: Assessing Impacts of Trade Agreements Human Rights and Indigenous Rights Caroline Dommen
Index.

Subject Areas: International organisations & institutions [LBBU], International economic & trade law [LBBM], Public international law [LBB], International law [LB], International relations [JPS]