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

1 - Indigenous Diversities in International Investment and Trade

from Part I - Indigenous Peoples and International Trade and Investment


In Chapter 1, John Borrows argues that the resurgence of Indigenous peoples’ law means that agreements are being evaluated against criteria which are not just formed by nation states or international instruments. The emergence of Indigenous normativity as an aspect of international investment and trade thus challenges communities and investors who must negotiate this new terrain. In making these points, Professor Borrows examines the role of Indigenous peoples’ law in implementing international investment and trade, including the impact of domestic law in recognizing and affirming Indigenous constitutional and statutory protections.

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