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from Part I - Indigenous Peoples and International Trade and Investment

Edited by John Borrows, University of Victoria, British Columbia, Risa Schwartz
Book: Indigenous Peoples and International Trade
Published online: 11 June 2020
Print publication: 18 June 2020, pp 11-42
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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.

Edited by John Borrows, University of Victoria, British Columbia, Risa Schwartz
Book: Indigenous Peoples and International Trade
Published online: 11 June 2020
Print publication: 18 June 2020, pp 1-8
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The creation of rues by governments in international trade and investment agreements is heavily swayed by the interests of “elite” economic actors such as “multinational corporations, industry associations, banks, hedge funds, and billionaires who can effectively influence the negotiating position of the most powerful governments.”1 These alliances often generate business practices and policy preferences which disadvantage Indigenous and other economically marginalized people.

Indigenous Peoples and International Trade
Building Equitable and Inclusive International Trade and Investment Agreements
Edited by John Borrows, Risa Schwartz
Published online: 11 June 2020
Print publication: 18 June 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.

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