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15 results

  • Foreword: Democratic Self-and-Other-Determination and the More-than-Human World

  • Edited by James Tully, University of Victoria, British Columbia, Keith Cherry, University of Alberta, Fonna Forman, University of California, San Diego, Jeanne Morefield, University of Oxford, Joshua Nichols, McGill University, Montréal, Pablo Ouziel, University of Southampton, David Owen, University of Southampton, Oliver Schmidtke, University of Victoria, British Columbia
  • Book:
    Democratic Multiplicity
    Published online:
    21 July 2022
    Print publication:
    04 August 2022, pp xvii-xx
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  • Summary

    The Foreword by John Borrows, the famous Indigenous legal scholar, presents a perspicuous representation of the guiding spirit of the volume from his Anishinaabe perspective. Mutually sustainable and ecosocially just democracies should be grounded in relationships of self and other co-determination with each other and with all our more-than human-relatives.

  • Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law

  • Jeremy Webber, Val Napoleon, Mireille Fournier, John Borrows
  • Journal:
    Law & Society Review / Volume 54 / Issue 4 / December 2020
    Published online by Cambridge University Press:
    01 January 2024, pp. 846-857
    Print publication:
    December 2020
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  • At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people—often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on what Merry (1988) would call “new legal pluralism”: taking legal pluralism beyond the colonial and postcolonial contexts in which it had predominantly been deployed (“old legal pluralism”) and portraying it as a characteristic of virtually all societies and all law.

  • 1 - Indigenous Diversities in International Investment and Trade

  • 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

  • Summary

    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.

  • Introduction

  • 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

  • Summary

    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
  • 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.

  • Preface

  • Edited by Chidi Oguamanam, University of Ottawa
  • Book:
    Genetic Resources, Justice and Reconciliation
    Published online:
    18 December 2018
    Print publication:
    20 December 2018, pp xiii-xvi
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