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2 results

  • The Rule of Law: A Core Premise for the Effectiveness of International Environmental Law

  • Nicolas de Sadeleer
  • Journal:
    European Journal of Risk Regulation / Volume 15 / Issue 3 / September 2024
    Published online by Cambridge University Press:
    04 June 2024, pp. 572-587
    • Article
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  • International environmental law rarely refers to the rule of law. However, in fostering inter-state cooperation, international environmental agreements oblige parties to prohibit, restrict or control various activities that are harmful to the environment. The application of these constraints at the national level requires the rule of law to be taken into account.

  • 10 - Developing a Trade and Indigenous Peoples Chapter for International Trade Agreements

  • 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 248-273

  • Summary

    In Chapter 10, Risa Schwartz discusses the development of a trade and Indigenous peoples chapter, looking at the development of provisions that provide for set-asides and carve-outs in earlier FTAs to more modern provisions that recognize Indigenous rights. The chapter traces how advocacy of Indigenous peoples in international trade and investment laid the groundwork for both Canada and New Zealand to substantively address Indigenous rights. Although we have yet to see the establishment of a new chapter specifically for trade and Indigenous peoples, the USMCA, which is undergoing ratification, is the first agreement to include a General Exception that protects the rights of Indigenous peoples for all signatories. These new preferences and protections for Indigenous peoples in Canada, Mexico and the United States signal a new relationship between Indigenous peoples and international trade.