A/70/301 prevent future abuses of their human rights. When such opportunities are lost, the potential preventive effect of respecting the right to free, informed and prior consent remains unfulfilled. Cultural rights 35. There are a number of ways that the potential effects of investment and free trade agreements could undermine the cultural rights of indigenous peoples. First, the severe implications of investment and free trade agreements on the lan d and territorial rights of indigenous peoples are compounded by the cultural significance of indigenous lands and territories. As discussed above, links to land and waters are integral to indigenous culture and identity. Therefore, barriers to indigenous land ownership created by international investment agreements and free trade agreements are also an assault on the cultural rights of indigenous peoples. Furthermore, the displacement commonly caused by the loss of land and territory can further undermine the cultural integrity and protections of indigenous communities. Any undermining of indigenous self-governance mechanisms caused by international investment agreements and free trade agreements will also further degrade cultural rights protections. 36. Attempts by indigenous peoples to challenge harmful practices relating to cultural appropriation could also be compromised by the provisions of international investment agreements. One example is a legal challenge brought by indigenous peoples against the Washington Redskins football team regarding the harmful connotations of its name. Since then, six United States federal trademark registrations for the Washington Redskins have been cancelled. The decisions are still subject to appeal, with the sports team claiming large losses following its investment into the trademark. While the legal proceedings are not taking place within investor-State dispute settlement tribunals, that type of trademark cancellation could be challenged under international investment ag reements if the trademark belonged to an investor from another country. Self-determination, poverty and economic and social rights 37. As discussed above, indigenous peoples are not included in the negotiations and drafting of free trade agreements. Ho wever, the provisions of those agreements bind their self-governance arrangements and the use of their lands, territories and resources. For example, the United States model bilateral investment treaty is strictly binding on all levels of government, including political subdivisions and other entities that exercise regulatory, administrative or other governmental authority delegated by the national Government. Not having the ability to contribute to the drafting of powerful legal agreements that affect them is a violation of indigenous peoples’ right to self-determination, as provided for in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, and the right to development. Article 32, paragraph 1, of the Declaration says that “indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories”. 38. A specific effect of that imbalance in the role of indigenous governments and the denial of the rights to self-determination within the development of international investment agreements could be restrictions on the levying of taxes. A variety of types of taxation, including value added taxes, excise taxes on cigarettes, tax stamps 15-12526 13/24