Distr.
The Draft alludes to the capacities and powers of states throughout. States are required, for instance, to `take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands and territories of indigenous peoples', a formulation that deliberately did not provide for indigenous consent to receipt of such materials.” B. Kingsbury, “Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law, New York University Journal of International Law and Policies, vol. 34 (2001), 22.