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2 results

  • 8 - International Investment Agreements and Indigenous Peoples’ Rights

  • from Part II - Building a More Equitable and Inclusive Free Trade Agreement
  • 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 194-216

  • Summary

    In Chapter 8, Brenda Gunn looks to Canada as an example when she provides an analysis of how states have obligations to ensure the protection and promotion of Indigenous peoples’ rights in international investment agreements. Professor Gunn’s chapter begins by discussing some of the rights of Indigenous peoples that are potentially threatened by investment agreements, with a focus on land rights and the right to participate in decision-making on the basis of free, prior and informed consent. She concludes with a discussion of what measures need to be taken in investment agreements to ensure that Indigenous peoples’ rights are properly protected during the negotiation and implementation of investment agreements. This includes reference to the obligations of states and business enterprises to ensure that investment agreements protect Indigenous peoples’ rights while at the same time promoting foreign direct investment.