Chapter 13: Indigenous peoples in international investment law: a TWAILUNDRIP reading
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The relationship between Indigenous peoples and international investment law (IIL) is complex. Modern IIL contemplates and regulates relationships between states and foreign investors and largely excludes Indigenous peoples. Yet, IIL subjects Indigenous peoples' lands, territories and resources to its disciplines. This chapter reads the experience of Indigenous peoples in IIL from the lens of Third World Approaches to International Law (TWAIL) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). First, the chapter distills principles that are shared between TWAIL and UNDRIP and presents an analysis of Indigenous peoples' position in IIL that is informed by TWAIL perspectives and the specificity that UNDRIP provides. Second, it reads Indigenous peoples' investment treaty and investment arbitration engagements through the positions that a TWAIL/UNDRIP reading afford. Its TWAIL/UNDRIP analysis of Indigenous peoples' engagements in ILL demonstrates that there is potential to foster moderate reforms or articulate positions that support a radical overhaul of ILL. The prevailing tendency in IIL is towards moderate reforms although the potential for an overhaul remains.

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Edited by Dwight Newman