Abstract
International diplomacy has traditionally been considered the exclusive prerogative of states, who engage with each other on matters of peace, conflict, and trade with an eye to national interests and global wellbeing. This is one of a series of works considering “Indigenous Diplomacy”—a practice in which Indigenous Peoples engage with states, as well as other Indigenous Peoples, groups, and individuals in bilateral and multilateral settings, informed by Indigenous values, to advance rights, relationships, and remedies, as well as peace and security. This Article examines one category of Indigenous Diplomacy, namely the diplomatic processes surrounding modern and contemporary international treaties. With respect to several treaties adopted by states in the 1960s and 1970s, Indigenous Peoples’ involvement has primarily been through interpretation and implementation, whereas in one brand-new treaty, adopted at the World Intellectual Property Organization in 2024, Indigenous Peoples have been involved at every step, including in negotiating and drafting. Through their engagement in treaty diplomacy, before, during, and after the adoption of international treaties, Indigenous Peoples are advancing their rights and interests, challenging the conventional wisdom that treaties are the purview of states, and advancing the practice of Indigenous Diplomacy.
