
Indigenous Peoples and International Trade: Building Equitable and Inclusive International Trade and Investment Agreements
Cambridge University Press, 6/18/2020
EAN 9781108493062, ISBN10: 1108493068
Hardcover, 352 pages, 23.2 x 15.6 x 2.3 cm
Language: English
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-RÃÂos and Daniel Rivas-RamÃÂrez
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.