United States: Indigenous Peoples

Directs federal agencies to expand hunting access on federal lands, authorize hunting in specified national monuments, revise regulations restricting recreational access...

Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.

A federal court in New York struck down a U.S. Department of Education policy requiring American Indian students born in Canada to obtain immigration documents before receiving federal student aid. The decision affirms that Jay Treaty students cannot be subjected to additional documentation requirements not authorized by Congress, marking a significant victory for the Saint Regis Mohawk Tribe and Indigenous students nationwide.

The relationship between U.S. law and Indigenous sacred heritage has long been complex — and often fraught. The American legal system is rooted in private property and individual rights...

Last week, the Bureau of Ocean Energy Management (BOEM) announced progress on its long-term plan to lease areas for critical mineral development on the Outer Continental Shelf (OCS).

As part of this second Trump administration's aggressive efforts to weave right-wing cultural and partisan political issues into every facet of federal governance, agency heads have announced new funding terms and conditions...

In this week's edition, we discuss a Colombian court's ruling in favor of an indigenous community who challenged the legality of a carbon credit project and a letter written by environmental activist...

After a somewhat turbulent adoption process, on 25 July 2024 the Corporate Sustainability Due Diligence Directive ("CS3D") finally entered into force.

On May 24, 2024, the WIPO member states approved a new treaty titled, "TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE."