Indigenous Peoples’ Rights in International Investment: An Ongoing Compartmentalization

Abstract

International investment law and arbitration have been in the spotlight due to their historical disconnection with issues related to human rights and the environment. Currently, we are witnessing a growing attention to the relationship between Indigenous peoples’ rights and the field of international law. This article presents the results of systematic research on the references to Indigenous peoples that have been made in international investment instruments and arbitration. It identifies key issues and ways to move forward in order to build a more inclusive yet consistent international investment law.