Żenkiewicz & Guarin Duque: Local Communities and International Investment Law

Maciej Żenkiewicz (Nicolaus Copernicus Univ - Law) & Gustavo Guarin Duque (Universidad Externado de Colombia; Saarland Univ.) have posted Local Communities and international Investment Law. Here's the 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.