This chapter details the vital role of Indigenous trade and investment in promoting sustainable development. Firstly, it discusses the prerequisite for Indigenous trade, emphasizing a nation-building approach centred on the significance of robust tribal infrastructure. The chapter then addresses the barriers hindering Indigenous inter-tribal trade, including state, or provincial interference in tribal jurisdiction, poor tribal governance, Canada’s failure to honour its Jay Treaty obligations, the lack of Indigenous foreign trade zones, the exclusion of Indigenous traditional knowledge (TK) from intellectual property (IP) regimes, and historical challenges in trade financing. Additionally, the chapter explores Indigenous trade and commerce engagements with non-Indigenous enterprises, both with and without federal permission, highlighting the implications, challenges, and opportunities involved. By examining these aspects, the chapter advocates for empowering Indigenous nations through trade and investment, fostering economic opportunities while preserving cultural heritage, and working towards sustainable development by creating a strong economic baseline.

This chapter presents a case study of Canada, examining the intricate relationship between Indigenous peoples and the developments related to British, then Canadian, governance. It begins by exploring the historical and legal context within which Indigenous peoples exist in Canada, tracing the impact of colonization and the recognition of Indigenous rights. The chapter then investigates the potential for affirming these rights through treaties and trade agreements, highlighting the role of treaties in recognizing and protecting Indigenous rights and the opportunities and challenges presented by trade agreements for Indigenous economic development and self-determination. It further analyses the Canadian government’s efforts to domestically enforce the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the intersection of Canadian treaties with trade agreements. This chapter emphasizes the importance of ongoing dialogue, collaboration, and the implementation of measures aligned with UNDRIP principles to foster the recognition, empowerment, and well-being of Indigenous peoples within the Canadian context.

This chapter explores the complex relationship between extractive industries, sustainable development, and Indigenous treaty law. It begins by examining the international law guidance available for extractive industries, analysing frameworks and principles that promote responsible and sustainable practices in resource extraction while considering the social, economic, and environmental dimensions. This chapter then focuses on the specific challenges of oil and gas exploration, highlighting the impacts on Indigenous communities and emphasizing the importance of meaningful consultation, consent, and fair benefit-sharing in alignment with Indigenous treaty rights. Furthermore, it explores the mining sector’s implications for sustainable development, considering the social, economic, and environmental aspects and emphasizing the role of Indigenous treaty law in ensuring responsible practices, equitable resource distribution, and the protection of Indigenous rights and lands. Thus, the chapter emphasizes the need for a balanced approach that respects Indigenous rights, integrates Indigenous perspectives and consent, and promotes sustainable practices.

This introduction presents the volume’s premise and structure. It details why it is crucial to examine and harmonize the two worlds of law and knowledge to understand and amplify Indigenous guidance and wisdom found in treaty commitments. This introduction introduces the volume’s five parts, each discussing different aspects of understanding and implementing the various international, multinational, and nation-to-nation treaties to advance sustainable development and affirm Indigenous knowledge and rights in the various legal systems that we will explore.

This chapter brings in the complexities of the intersection between renewable resources, sustainable development, and Indigenous treaty law. It begins by examining international guidance for renewable energy sources and their role in achieving sustainability objectives. This chapter then delves into the principles and rules governing sustainable forestry practices, fisheries management, and energy development. It highlights the importance of international agreements, protocols, and treaties in promoting responsible resource management, conservation, and the recognition of Indigenous rights and knowledge. By considering these principles and rules within the context of Indigenous treaty law, it highlights the need for harmonious and inclusive approaches to renewable resource use in the age of sustainable development. It underlines the significance of collaboration, respect for Indigenous knowledge, and the integration of sustainability principles to ensure a balanced and equitable relationship between renewable resources, Indigenous rights, and sustainable development.

This chapter delves into the United States’s treatment of Indigenous peoples, with a specific focus on Indigenous sovereignty and economic rights. It begins by introducing the topic and setting the context for the discussion by providing a history of the treatment of Indigenous peoples in the legal framework, with an emphasis on the series of cases dubbed the Marshall Trilogy. This includes the struggles and advancements in recognizing tribal nation sovereignty and economic rights. It examines the recognition and affirmation of tribal nation sovereignty within the United States, including legal developments and court decisions that have shaped Indigenous self-governance. This chapter analyses the landmark case of McGirt v. Oklahoma, emphasizing its role in addressing past legal injustices, establishing tribal reservation boundaries, and strengthening tribal jurisdiction. It also investigates US tribal sovereignty in the context of international Indigenous trade, showcasing the ways in which Indigenous communities engage in economic activities and exercise their sovereignty on the global stage.

This chapter closes off the volume by exploring the innovative approaches to incorporating the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and sustainable development in newly negotiated Indigenous trade agreements. The introduction highlights the significance of UNDRIP in promoting the rights and aspirations of Indigenous peoples. The chapter details the origins of the Indigenous Peoples Economic Trade and Cultural Agreement (IPETCA), focusing on its innovations that enabled trade negotiations that amplified Indigenous views and values while enabled by the nation-states of New Zealand, Taiwan, Australia, and Canada. The chapter then delves into the sustainable development aspects of IPETCA, showcasing how it aligns with the principles of UNDRIP and fosters economic growth while respecting Indigenous rights. It then discusses IPETCA’s working mechanism and implementation. Thus, the chapter underscores the importance of innovative approaches like IPETCA in advancing Indigenous trade agreements that prioritize sustainable development and uphold the principles of UNDRIP.

This chapter presents agreements between Indigenous peoples and governments, specifically those in Bangladesh and Mexico that focus on their roles in promoting sustainable development. The introduction sets the stage for subsequent discussions by emphasizing the importance of global legal and policy frameworks in shaping these agreements, with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the global Sustainable Development Goals (SDGs). The two case studies from Bangladesh and Mexico are then analysed, shedding light on the unique characteristics, provisions, and outcomes of agreements between Indigenous peoples and governments in these contexts. A comparative analysis is conducted to identify commonalities, differences, and lessons learned from these case studies. Ultimately, the chapter concludes by highlighting the significance of ongoing dialogue, collaboration, and respect for Indigenous rights in achieving sustainable development goals globally. It underscores the importance of incorporating Indigenous perspectives and aspirations into the design and implementation of such agreements.

Chapter 5 explores the complex relationship between Indigenous traditional knowledge (TK) and intellectual property (IP) concerning genetic resources. It begins by examining the challenges of distinguishing TK from IP and presents the Munzer Model as a potential compromise for addressing TK within the IP framework. The chapter then delves into national efforts to protect and recognize TK, focusing on US and Canadian cases, including the Cowichan Sweater example from the 2010 Vancouver Olympic Winter Games. Furthermore, it details the evolving landscape of TK in international trade agreements, highlighting its increasing recognition and integration as a ‘new norm’. By analysing these historic and current developments in TK recognition, this chapter emphasizes the need for a balanced approach that respects the unique nature of TK while navigating the complexities of IP frameworks. It underscores the importance of preserving and utilizing TK and genetic resources for the benefit of Indigenous communities and for advancing sustainable development.

This chapter captures the intricate relationship between Indigenous cultural heritage and rights for advancing sustainable development and enabling the well-being of Indigenous communities. It analyses the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Indigenous and Tribal Peoples Convention, 1989 No. 169 (ILO 169) regarding the preservation and protection of cultural heritage. The chapter highlights the challenges posed by climate change, biodiversity loss, and environmental degradation to Indigenous cultural heritage and emphasizes the need for resilience and safeguarding measures. It further examines the treatment of cultural heritage in Indigenous treaties, delving into legal and historical perspectives in the US jurisprudence and political landscape, then addresses the ability of Canadian modern treaties to foster or frustrate the ability to safeguard cultural heritage. By considering these aspects, the chapter underscores the significance of recognizing and preserving Indigenous cultural heritage, and the integration of Indigenous rights and knowledge to ensure the continuity and vitality of cultural heritage for present and future generations.

This book concludes with this Afterword that emphasizes the critical importance of integrating Indigenous knowledge and treaties into the framework of sustainable development. This chapter summarizes the conclusions we have brought forth throughout this volume and is centred on the wisdom and practices of Indigenous peoples that promote respect, reciprocity, and harmony with the natural world. The convergence of Indigenous knowledge with global sustainable development agendas is now widely recognized as a crucial step towards a more balanced and resilient future. As the world faces unprecedented challenges such as natural disasters, resource scarcity, and human rights violations, recognizing the strengths of diverse worldviews becomes essential. By examining case studies and comparative legal research, this book demonstrates the potential of treaties to foster sustainable futures that benefit all living beings.

This chapter presents case studies of Indigenous peace agreements in the Andes region. It begins with an introduction that highlights the significance of understanding legal geography and its relevance to Indigenous peoples. It then explores the legal frameworks that protect Indigenous rights, focusing on international instruments such as declarations and conventions. It then examines specific agreements in the Andes that enact these legal frameworks, with a spotlight on the National Agreement for Development and Peace in La Araucanía, 2018, in Chile, and the Agreement Between the Bolivian Government and the Confederation of Indigenous peoples from the East, Chaco, and Amazonia in 2010. These case studies showcase the intersection of legal, social, and political dynamics in promoting Indigenous rights and fostering peace. By analysing the legal geographies of these agreements, the chapter contributes to a deeper understanding of the complex challenges and opportunities Indigenous communities face in achieving sustainable development and peace in the Andes region.

This chapter explores the journey from principles to the practical implementation of sustainable development and subsequently the codified global Sustainable Development Goals (SDGs). It begins by examining the foundational principles of international law that guide sustainable development efforts by reviewing in detail the history and motivation behind adopting a global set of goals to achieve holistic and measurable sustainable development by 2030. Then, the chapter focuses on the intersection between Indigenous peoples and the SDGs, acknowledging the historical disparities faced by these communities and how treaties have the potential to foster or frustrate the achievement of these goals. It then delves into guidelines for sustainable resource management and Indigenous development within the SDG framework, emphasizing inclusive approaches and participatory decision-making. By bridging principles with practical strategies, this chapter underscores the importance of integrating Indigenous knowledge, fostering partnerships, and implementing the SDGs to achieve sustainable development while respecting Indigenous rights and aspirations.

This chapter presents a case study on New Zealand, examining the paradigm of giving nature legal standing within the country’s judicial and legislative framework. It begins with an introduction that sets the stage for the discussion. This chapter then explores the Māori philosophy of a relationship with nature, emphasizing the profound connection and inherent value Māori place on the environment. It delves into the ways in which New Zealand law has affirmed this philosophy, particularly through the roots of the country’s environmental achievements as anchored in the Treaty of Waitangi. The chapter then presents two case studies – the Te Urewera Land Legislation and the Whanganui River Legislation – showcasing the innovative approaches taken to grant legal personhood to natural entities. It further explores the incorporation of Māori Indigenous traditional knowledge in sustainable development practices, highlighting Māori trade and the introduction of new measures of well-being and environmental protection. The chapter concludes by emphasizing the significance of giving nature legal standing and the implications for both Māori and New Zealand’s approach to sustainable development.