Constitutional Law-making by International Law: The Indigenization of Free Trade Agreements

Abstract

New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom break new ground by elevating Indigenous customary protocols to a vector in the regulation of international trade. While in the past the focus has been on securing policy space to protect Indigenous rights, this has shifted: Māori, the Indigenous people of Aotearoa New Zealand, have entered the trade arena, and with them their protocols and customs, as a means of enshrining participation rights for Māori, as a touchstone for international cooperation, as a benchmark for reviewing FTAs and as a method of addressing problems ranging from environmental degradation to unsustainable fisheries. Māori are not just another stakeholder; they have a seat at the table, and this article will canvass to what extent. Other countries with an Indigenous population will develop their own paths to better integrate Indigenous peoples in their foreign trade policies. New Zealand presents one notable example.