Volume 55
Issue
2
Date
2023

Local Communities and International Investment Law

by Maciej Żenkiewicz and Gustavo Guarin Duque

This Article delves into the intricate relationship between local communities (LCs) and international investment law (IIL), highlighting the blurred distinctions between LCs and Indigenous Peoples (IPs). It explores various legal regimes potentially violated in this context and the consequent rights that can be invoked by different stakeholders. The Article further elucidates available remedies under both national courts and the Investor-State Dispute Settlement (ISDS) system, emphasizing the roles of third-party participation, amicus curiae, counterclaims, and investor jurisdictions. The latter parts of the Article focus on the importance of local participation, consultation, benefit-sharing, and multi-actor contracts as mechanisms to protect LC interests. It underscores the crucial roles played by states, investors, arbitral tribunals, and the international community in advancing LC protection. This Article serves as a foundation for the ongoing debate, emphasizing that a collective effort is essential to ensure justice and protection for LCs within the investment law framework.

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