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...
Published in: | Arctic Review on Law and Politics |
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Cappelen Damm Akademisk NOASP
2020
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Online Access: | https://doi.org/10.23865/arctic.v11.2519 https://doaj.org/article/ad0b8cbbd721474da42bcdfdbfb3544e |
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fttriple:oai:gotriple.eu:oai:doaj.org/article:ad0b8cbbd721474da42bcdfdbfb3544e 2023-05-15T14:22:39+02:00 Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps David Wright 2020-12-01 https://doi.org/10.23865/arctic.v11.2519 https://doaj.org/article/ad0b8cbbd721474da42bcdfdbfb3544e en no eng nor Cappelen Damm Akademisk NOASP 2387-4562 doi:10.23865/arctic.v11.2519 https://doaj.org/article/ad0b8cbbd721474da42bcdfdbfb3544e undefined Arctic Review on Law and Politics, Vol 11, Iss 0, Pp 280-309 (2020) dispute resolution conflict resolution adr modern treaties indigenous law land claim agreements droit scipo Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2020 fttriple https://doi.org/10.23865/arctic.v11.2519 2023-01-22T19:35:23Z 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 Unknown Canada Arctic Review on Law and Politics 11 0 280 |
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dispute resolution conflict resolution adr modern treaties indigenous law land claim agreements droit scipo |
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dispute resolution conflict resolution adr modern treaties indigenous law land claim agreements droit scipo David Wright Dispute Resolution in Modern Treaties: Evolutions, Observations and Next Steps |
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dispute resolution conflict resolution adr modern treaties indigenous law land claim agreements droit scipo |
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 |
David Wright |
author_facet |
David Wright |
author_sort |
David Wright |
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 |
Cappelen Damm Akademisk NOASP |
publishDate |
2020 |
url |
https://doi.org/10.23865/arctic.v11.2519 https://doaj.org/article/ad0b8cbbd721474da42bcdfdbfb3544e |
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Canada |
geographic_facet |
Canada |
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Arctic Arctic review on law and politics |
genre_facet |
Arctic Arctic review on law and politics |
op_source |
Arctic Review on Law and Politics, Vol 11, Iss 0, Pp 280-309 (2020) |
op_relation |
2387-4562 doi:10.23865/arctic.v11.2519 https://doaj.org/article/ad0b8cbbd721474da42bcdfdbfb3544e |
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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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