Indigenous Peoples in International Investment Law: Time for a New Dispute Resolution Procedure

Abstract

Abstract This article examines the role of indigenous communities in international investment law. It concludes that indigenous communities have only limited agency in the context of investment law-making and adjudication. Such limitations continue the colonial legacy of international law. If international investment law aspires to achieve legitimacy, the departure from the exclusionary practices is necessary. In this context, the article recommends carving out the investment disputes that involve indigenous peoples and/or impact their livelihoods from the traditional model of investor-State dispute settlement. It further argues for reframing investment rules to account for indigenous laws and practices.