The king’s representative was the justiciar, and there was an Irish parliament. Towns and cities were incorporated and much of the country was shired. Ring-forts died out, and people lived mainly in wooden or mud houses, in small settlements or in towns. Bishops’ links with Rome and the proliferation of monastic orders of continental origin built international connections, as did thriving trade with France, Spain, Britain and the Low Countries.

Gaelic-Irish leaders stood fast against Anglo-Normans in some areas and enlisted the aid of Scotland’s Edward Bruce to fight them in 1316–1318. But in general the two groups entwined politically, socially, economically and personally (through marriage) with each other. All professed the same religion, and spoke, or understood, the same language: English was the language of administration and of the king’s representatives, but Irish remained the lingua franca, and most of the towns established by Normans (mostly in Leinster and Munster) had Irish names. Many European texts were translated into Irish. But by 1490, Irish political interests were united enough to support the Yorkists in England’s civil wars. At this stage around Dublin was an area known as the Pale, considered the extent of English power. The Anglo-Norman Fitzgerald dynasty of Kildare emerged as leaders of Ireland by 1500, although in Ulster the O’Neills held sway.

Ireland’s five provinces were ruled over by multiple over and under-kings, with headquarters at Tara, in Midhe/Meath, Cashel in Mumha (later Munster) and Emain Macha in Uladh (later Ulster). Christian settlements from the fifth century (founded by Patrick, Brigid, Columcille, Finnian, Ciarán, Brendan, Íte and many others) forged strong links with Britain and Europe. Learning Latin led to the writing of Irish from the sixth century, and scholarship flourished. Everyone – kings, monks, traders and labourers, bards and the powerful lawyer class, lived in ring fort settlements. They ate mainly the dairy produce abundant in Ireland’s mild climate, meat occasionally, fish near coasts and rivers, pulses, and grains congenial to the region – oats, barley, wheat, rye. A legal tract was devoted to beekeeping. Scandinavian invaders from the late eighth century settled in the trading ports they established – Dublin, Wexford, Waterford, Cork and Limerick – and were gradually absorbed into Irish life. A high-kingship emerged in the tenth and eleventh centuries. Religion went through several cycles of decay and reform. Dioceses were established in 1152. Conflicts between Irish kings facilitated the invasion of the Anglo-Normans under Strongbow in 1169, bringing the English crown into Irish politics.

The graceful Georgian facades of this century bely the ugly reality of repression. Penal Laws kept Dissenting Protestants as well as Catholics out of politics and government but were far more numerous with regard to Catholics, especially for landholding and inheritance. The Church of Ireland ruling class (less than 10 per cent of the population) was fabulously wealthy. A nascent Protestant ‘nationalism’ protested against English domination, and this evolved, for some, into a recognition of the injustice of the Penal Laws by about 1770. Catholics, meanwhile, ducked and dived and did what they could, running schools and going to Mass when they could. Some held onto land. Some sons of the gentry served in continental armies. Some built up fortunes in commerce. Most were poor.

Transport networks improved, and fairs and markets increased. Wool, hides, provisions and timber exports throve. The potato soared in popularity, enabling people to survive on smallholdings. The population of the propertyless rose, even after the terrible mortality of the famine of 1739–1741.

Men and women writing in both languages found ready audiences (listening, watching and reading) for songs, poems, plays, essays and books. Irish was still the majority language but many Irish-speakers, especially the writers and poets, also understood English. Literacy levels rose and lively interest was taken in the news from America and France in the 1770s and 1780s.

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 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 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 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.

A framing case study discusses European Union trade rules that ban the sale of all products made from seals. Then the chapter provides an overview of international trade law. The chapter discusses: (1) how states have historically promoted international law, including major concepts and the evolution of trade institutions; (2) major obligations under contemporary trade law, including rules for market access and treatment standards; and (3) major exceptions under trade law that allow states to restrict trade to prevent unfair trade, safeguard economies from unexpected shocks, protect competing values (like human health and the environment), and preserve national security.

This chapter describes the changes in beliefs about human rights that occurred in the 1970s and the new forms of enforcement that this encouraged and enabled. This included the use of economic pressure to enforce human rights. Beginning at this time, enforcing human rights through international interference came to be understood as not just permissible, but as the duty of the international community. In the context of these changing beliefs, Western governments began to use economic pressure to enforce human rights in the Global South. However, as this chapter demonstrates, these governments systematically enforced human rights in regions where enforcement was relatively cheap and easy. They did so in Latin America and Africa, while at the same time subsuming human rights to other strategic priorities in the Middle East and Southeast Asia. These enforcement policies clashed with understandings of self-determination held by actors throughout the Global South, and they were regarded as an illegitimate imposition. However, in the context of changing beliefs about human rights, appealing to the norm of non-interference was no longer effective at deterring Western interference.