Mike Myers: A fundamental right to develop our economies

In the vast woodlands of North America there is a diplomatic protocol that is contained in the phrase “at the edge of the woods”. In the realm of trade and commerce it was the common law amongst all Indigenous nations that one needed to acquire the permission of the national or local government to conduct any trade and/or commerce within their territory. So a trade delegation would come to the edge of the woods and open up trade and commerce negotiations.

This fundamental inherent right is something that was never given up in any treaty. In fact, it is such a universally recognized right, by all parties, that it doesn’t even come up for negotiations. It is such a fundamental right that even the emerging American government recognized its sanctity and reserved onto itself the sole right to conduct and administer trade and commerce relations with Indigenous nations as seen in Article 1, Section 8, Clause 3 of the U.S. Constitution which states: “To regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

What’s most important about this clause are the words, “with the Indian tribes”. It does not say within or amongst the Indian tribes. It is clearly intended to leave with Congress the power to regulate Americans trading and conducting commerce with Indigenous nations in the same manner as it would regulate trade and commerce with foreign Nations.

It takes almost 200 years for international laws to finally emerge that have a bearing on this issue.