Local Communities and International Investment Law

ASIL International Economic Law Interest Group Biennal Conference (September 22-24, 2022)

53 Pages Posted: 3 Nov 2023

See all articles by Maciej Zenkiewicz

Maciej Zenkiewicz

Nicolaus Copernicus University - Faculty of Law and Administration

Gustavo Guarin Duque

Universidad Externado de Colombia; Saarland University

Date Written: September 18, 2021

Abstract

This paper delves into the intricate relationship between Local Communities (LCs) and International Investment Law, highlighting the blurred distinctions between LCs and Indigenous Peoples. It explores various legal regimes potentially violated in this context and the consequent rights to be invoked by different stakeholders. The study further elucidates available remedies under both national courts and the Investor-State Dispute Settlement system, emphasizing the roles of third-party participation, amicus curiae, counterclaims, and investor jurisdictions. The latter parts of the study 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 working paper 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.

Keywords: Local communities, indigenous people, investment law, FPIC,

JEL Classification: K33

Suggested Citation

Zenkiewicz, Maciej and Guarin Duque, Gustavo, Local Communities and International Investment Law (September 18, 2021). ASIL International Economic Law Interest Group Biennal Conference (September 22-24, 2022), Available at SSRN: https://ssrn.com/abstract=4593735 or http://dx.doi.org/10.2139/ssrn.4593735

Maciej Zenkiewicz (Contact Author)

Nicolaus Copernicus University - Faculty of Law and Administration ( email )

Toruń
Poland

Gustavo Guarin Duque

Universidad Externado de Colombia ( email )

Calle 12 # 1-17 este
Calle 12 0 83
Bogota D.C, Cundinamarca 3456
Colombia

Saarland University ( email )

Stadtwald
Saarbrucken, Saarland D-66123
Germany

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