Indigenous Peoples and International Trade Book contents
- Indigenous Peoples and International Trade
- Indigenous Peoples and International Trade
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- About the Cover Art
- About the Artist
- Introduction
- Part I Indigenous Peoples and International Trade and Investment
- Part II Building a More Equitable and Inclusive Free Trade Agreement
- 6 Recognizing the Rights of Indigenous Peoples in International Trade and Environment
- 7 Trade-Related Aspects of Traditional Knowledge Protection
- 8 International Investment Agreements and Indigenous Peoples’ Rights
- 9 The Complex Landscape of Indigenous Procurement
- 10 Developing a Trade and Indigenous Peoples Chapter for International Trade Agreements
- 11 The Treaty of Waitangi Exception in New Zealand’s Free Trade Agreements
- 12 Human Rights Impact Assessment: Trade Agreements and Indigenous Rights
- Index
11 - The Treaty of Waitangi Exception in New Zealand’s Free Trade Agreements
from Part II - Building a More Equitable and Inclusive Free Trade Agreement
Published online by Cambridge University Press: 11 June 2020
- Indigenous Peoples and International Trade
- Indigenous Peoples and International Trade
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- About the Cover Art
- About the Artist
- Introduction
- Part I Indigenous Peoples and International Trade and Investment
- Part II Building a More Equitable and Inclusive Free Trade Agreement
- 6 Recognizing the Rights of Indigenous Peoples in International Trade and Environment
- 7 Trade-Related Aspects of Traditional Knowledge Protection
- 8 International Investment Agreements and Indigenous Peoples’ Rights
- 9 The Complex Landscape of Indigenous Procurement
- 10 Developing a Trade and Indigenous Peoples Chapter for International Trade Agreements
- 11 The Treaty of Waitangi Exception in New Zealand’s Free Trade Agreements
- 12 Human Rights Impact Assessment: Trade Agreements and Indigenous Rights
- Index
Summary
Amokura Kawharu’s Chapter 11 discusses the “Treaty of Waitangi” exception that is now included in each of New Zealand’s FTAs. The exception is intended to enable the New Zealand government to enact measures in order to give effect to its obligations to Māori under the Treaty of Waitangi, even if the measures are inconsistent with obligations assumed by New Zealand under the FTAs. It has also served as a precedent for other states looking to include a General Exception to protect Indigenous rights. Professor Kawharu examines the circumstances surrounding the adoption and continued use of the exception in New Zealand’s FTA practice as well as the adequacy of the exception in the context of the increasing depth and scale of New Zealand’s participation in FTAs (and, in particular, New Zealand’s expanding commitments with respect to the protection of foreign investment) and proposes options for Māori to consider as means for addressing the issues.
- Type
- Chapter
- Information
- Indigenous Peoples and International TradeBuilding Equitable and Inclusive International Trade and Investment Agreements, pp. 274 - 294Publisher: Cambridge University PressPrint publication year: 2020
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