Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps
In Canada, comprehensive land claims agreements – often called modern treaties – between the government and Indigenous nations include provisions prescribing how disputes between treaty parties are to be resolved. Experiences with these dispute resolution mechanisms vary across treaty contexts and t...
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University of Tromsø - The Arctic University of Norway, Faculty of Law
2020
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ftjarlp:oai:nordicopenaccess.no:article/2519 2023-05-15T14:18:43+02:00 Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps Wright, David 2020-12-09 application/pdf text/html application/epub+zip text/xml https://arcticreview.no/index.php/arctic/article/view/2519 https://doi.org/10.23865/arctic.v11.2519 eng eng University of Tromsø - The Arctic University of Norway, Faculty of Law https://arcticreview.no/index.php/arctic/article/view/2519/4798 https://arcticreview.no/index.php/arctic/article/view/2519/4830 https://arcticreview.no/index.php/arctic/article/view/2519/4831 https://arcticreview.no/index.php/arctic/article/view/2519/4832 https://arcticreview.no/index.php/arctic/article/view/2519 doi:10.23865/arctic.v11.2519 Copyright (c) 2020 David Wright http://creativecommons.org/licenses/by-nc/4.0 CC-BY-NC Arctic Review; Vol 11 (2020); 280-309 2387-4562 dispute resolution conflict resolution ADR modern treaties Indigenous law land claim agreements info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion 2020 ftjarlp https://doi.org/10.23865/arctic.v11.2519 2022-03-24T06:35:03Z In Canada, comprehensive land claims agreements – often called modern treaties – between the government and Indigenous nations include provisions prescribing how disputes between treaty parties are to be resolved. Experiences with these dispute resolution mechanisms vary across treaty contexts and there is substantial variance in the terms of these treaties. To date, this dimension of modern treaty implementation has received minimal scholarly attention, despite calls for such research. Drawing on specific examples, this article sets a foundation for further research by examining the significant variation across different treaties’ dispute resolution mechanisms and commenting on key differences, similarities and other notable features. A key focus of the analysis is on the observable evolution of these mechanisms from a relatively narrow arbitration board model to a more flexible “staged approach”. The analysis suggests that the latter may provide a stronger basis for joint problem-solving and integrative bargaining, notwithstanding open questions about the extent to which such approaches are warranted in fraught Crown-Indigenous relationships in Canada. The article also discusses the conspicuous absence of dispute resolution mechanisms that accommodate, let alone require, approaches rooted in the traditional or cultural practices of Indigenous treaty parties. Observations throughout are contextualized in relation to a growing body of jurisprudence and a broader context of fast-changing federal law and policy in Canada, which may set the stage for amendments to the dispute resolution provisions of modern treaties. Article in Journal/Newspaper Arctic Arctic Review on Law and Politics Canada Arctic Review on Law and Politics 11 0 280 |
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Arctic Review on Law and Politics |
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English |
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dispute resolution conflict resolution ADR modern treaties Indigenous law land claim agreements |
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dispute resolution conflict resolution ADR modern treaties Indigenous law land claim agreements Wright, David Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
topic_facet |
dispute resolution conflict resolution ADR modern treaties Indigenous law land claim agreements |
description |
In Canada, comprehensive land claims agreements – often called modern treaties – between the government and Indigenous nations include provisions prescribing how disputes between treaty parties are to be resolved. Experiences with these dispute resolution mechanisms vary across treaty contexts and there is substantial variance in the terms of these treaties. To date, this dimension of modern treaty implementation has received minimal scholarly attention, despite calls for such research. Drawing on specific examples, this article sets a foundation for further research by examining the significant variation across different treaties’ dispute resolution mechanisms and commenting on key differences, similarities and other notable features. A key focus of the analysis is on the observable evolution of these mechanisms from a relatively narrow arbitration board model to a more flexible “staged approach”. The analysis suggests that the latter may provide a stronger basis for joint problem-solving and integrative bargaining, notwithstanding open questions about the extent to which such approaches are warranted in fraught Crown-Indigenous relationships in Canada. The article also discusses the conspicuous absence of dispute resolution mechanisms that accommodate, let alone require, approaches rooted in the traditional or cultural practices of Indigenous treaty parties. Observations throughout are contextualized in relation to a growing body of jurisprudence and a broader context of fast-changing federal law and policy in Canada, which may set the stage for amendments to the dispute resolution provisions of modern treaties. |
format |
Article in Journal/Newspaper |
author |
Wright, David |
author_facet |
Wright, David |
author_sort |
Wright, David |
title |
Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
title_short |
Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
title_full |
Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
title_fullStr |
Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
title_full_unstemmed |
Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
title_sort |
dispute resolution in modern treaties: evolutions, observations and next steps |
publisher |
University of Tromsø - The Arctic University of Norway, Faculty of Law |
publishDate |
2020 |
url |
https://arcticreview.no/index.php/arctic/article/view/2519 https://doi.org/10.23865/arctic.v11.2519 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
Arctic |
genre_facet |
Arctic |
op_source |
Arctic Review; Vol 11 (2020); 280-309 2387-4562 |
op_relation |
https://arcticreview.no/index.php/arctic/article/view/2519/4798 https://arcticreview.no/index.php/arctic/article/view/2519/4830 https://arcticreview.no/index.php/arctic/article/view/2519/4831 https://arcticreview.no/index.php/arctic/article/view/2519/4832 https://arcticreview.no/index.php/arctic/article/view/2519 doi:10.23865/arctic.v11.2519 |
op_rights |
Copyright (c) 2020 David Wright http://creativecommons.org/licenses/by-nc/4.0 |
op_rightsnorm |
CC-BY-NC |
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https://doi.org/10.23865/arctic.v11.2519 |
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Arctic Review on Law and Politics |
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11 |
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280 |
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