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  • Print publication year: 2020
  • Online publication date: June 2020

10 - Developing a Trade and Indigenous Peoples Chapter for International Trade Agreements

from Part II - Building a More Equitable and Inclusive Free Trade Agreement


In Chapter 10, Risa Schwartz discusses the development of a trade and Indigenous peoples chapter, looking at the development of provisions that provide for set-asides and carve-outs in earlier FTAs to more modern provisions that recognize Indigenous rights. The chapter traces how advocacy of Indigenous peoples in international trade and investment laid the groundwork for both Canada and New Zealand to substantively address Indigenous rights. Although we have yet to see the establishment of a new chapter specifically for trade and Indigenous peoples, the USMCA, which is undergoing ratification, is the first agreement to include a General Exception that protects the rights of Indigenous peoples for all signatories. These new preferences and protections for Indigenous peoples in Canada, Mexico and the United States signal a new relationship between Indigenous peoples and international trade.

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