Navigating the Intersection of Trade and Human Rights: A Critical Analysis of the Impact of US-Canada Trade Tensions on Indigenous Communities.
DOI:
https://doi.org/10.47941/jmlp.2615Keywords:
US-Canada Trade Tensions, International Human Rights Law, Indigenous CommunitiesAbstract
Purpose: The ongoing US-Canada trade tensions have sparked concerns about the potential human rights implications, particularly for Indigenous communities. This article critically examines the intersection of trade and human rights, analyzing the impact of tariffs and trade restrictions on the rights of Indigenous peoples. Through a review of international human rights law, trade agreements, and case studies, this article highlights the vulnerabilities of Indigenous communities in the face of trade tensions. It argues that governments, businesses, and Indigenous communities must work together to promote human rights and mitigate the negative impacts of trade tensions.
Methodology: This study adopts a case study approach to examine the specific ways in which US-Canada trade tensions have affected Indigenous communities, particularly in relation to economic rights, land sovereignty, and cultural sustainability. It integrates legal analysis, policy review, and qualitative data collection to assess the broader human rights implications. A detailed review of trade agreements, including CUSMA (USMCA), WTO rulings, and domestic policies affecting Indigenous trade and resource rights.
Findings: The ongoing trade tensions between the United States and Canada have had significant and often overlooked consequences for Indigenous communities whose economies, cultural practices, and sovereignty are deeply interconnected with cross-border trade.
Unique contributions to theory, practice and Policy: While the broader economic implications of tariffs, resource disputes, and trade agreements such as the Canada-United States-Mexico Agreement (CUSMA) have been widely analyzed, the specific impact on Indigenous nations remains understudied. This paper critically examines how trade restrictions, tariffs, and border enforcement measures disproportionately affect Indigenous economic stability, self-governance, and treaty rights.
Downloads
References
REFERENCES
United Nations. (2007). United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Retrieved from https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html
United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). Retrieved from https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
United Nations. (1966). International Covenant on Economic, Social and Cultural Rights (ICESCR). Retrieved from https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx
United Nations. (1965). International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Retrieved from https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx
Assembly of First Nations. (2021). Implementation of UNDRIP in Canada: Challenges and Opportunities. Retrieved from https://www.afn.ca/
Native American Rights Fund. (2020). Legal Challenges Facing Tribal Nations in the United States. Retrieved from https://www.narf.org/
Truth and Reconciliation Commission of Canada. (2015). Calls to Action Report. Retrieved from https://www2.gov.bc.ca/gov/content/governments/indigenous-people
BOOKS
Anaya, J. (2009). International human rights and Indigenous peoples. Aspen Publishers.
Barsh, R., & Henderson, J. (1996). The road: Indian tribes and political liberty. University of California Press.
Borrows, J. (2010). Canada’s Indigenous constitution. University of Toronto Press.
Coulthard, G. (2014). Red skin, white masks: Rejecting the colonial politics of recognition. University of Minnesota Press.
Green, J. (2017). Indigenous nations within modern states: A reader. Fernwood Publishing.
Wilkins, D. E., & Lomawaima, K. T. (2001). Uneven ground: American Indian sovereignty and federal law. University of Oklahoma Press.
JOURNAL ARTICLES
Egan, B., & Place, J. (2013). The Canadian duty to consult, Aboriginal communities, and the politics of resource extraction. Human Geography, 6(1), 17-32.
Gunn, B. (2013). Self-determination and Indigenous women: Increasing Indigenous women’s participation in international law. Indigenous Law Journal, 12(1), 147-166.
Napoleon, V. (2007). Thinking about Indigenous legal orders. National Centre for First Nations Governance, 1-18.
Whyte, K. P. (2018). Settler colonialism, ecology, and environmental injustice. Environment and Society, 9(1), 125-144.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Dr. Clement Appiah-Kubi

This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution (CC-BY) 4.0 License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.