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Navigating the Intersection of Trade and Human Rights: A Critical Analysis of the Impact of US-Canada Trade Tensions on Indigenous Communities

Dr. Clement Appiah-Kubi ()

Journal of Modern Law and Policy, 2025, vol. 5, issue 1, 13 - 22

Abstract: 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.

Keywords: US-Canada Trade Tensions; International Human Rights Law; Indigenous Communities (search for similar items in EconPapers)
Date: 2025
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