ABSTRACT
This chapter draws extensively from an article published in the Natural Resources Journal prior to the entry into effect of the Great Lakes Compact and Agreement in 2008. It examines the story of how the agreements developed without the Tribes' genuine participation. The chapter describes why it is important to include Tribes going forward. It suggests that the best way to do so is to strengthen the duty to consult the Tribes, which was required by the agreements. Tribes' successful participation in the cooperative management of the Lakes fisheries and waters forms part of the backdrop for the recent international negotiations and agreements. Lacking enforcement provisions, The Great Lakes Charter provided no limitations on the vetoes by individual states of other states' projects and no remedy for failure to follow the Charter's consultation provisions. In addition, it did not indicate any awareness of the status of indigenous nations as sovereign co-owners of the Lakes.
