Indigenous Peoples and International Trade

Building Equitable and Inclusive International Trade and Investment Agreements

Inbunden, Engelska, 2020

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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.

Produktinformation

Utgivningsdatum2020-06-18
Mått157 x 235 x 23 mm
Vikt610 g
FormatInbunden
SpråkEngelska
Antal sidor352
FörlagCambridge University Press
ISBN9781108493062

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Folkrätt inom Juridik

John Borrows is the Canada Research Chair in Indigenous Law at the University of Victoria Law School in British Columbia. He is the author of numerous publications, including Resurgence and Reconciliation (2018) and Law's Indigenous Ethics (2019). He is the 2017 Killam Prize winner in Social Sciences and the 2019 Molson Prize Winner. John is Anishinaabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario, Canada. Risa Schwartz is a sole practitioner, focusing on international law and the intersections between trade law, environmental law and Indigenous rights. Risa was a senior research fellow at the Centre for International Governance Innovation, an International Law think tank in Canada. Risa is the author and editor of a number of international law publications including, most recently, Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples (2019).

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.