Research Handbook on Environment and Investment Law
Show Less

Research Handbook on Environment and Investment Law

Edited by Kate Miles

The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 19: Natural resources and indigenous cultural heritage in international investment law and arbitration

Valentina Vadi


While traditionally international investment law had developed only limited tools for the protection of indigenous cultural heritage through dispute settlement, incidences of cases in which arbitrators have balanced the different values at stake are increasing. After briefly examining the international norms protecting indigenous cultural heritage and the international investment law regime, this chapter analyses and critically assesses a selected sample of relevant arbitrations. It then offers some legal options to better reconcile the different interests at stake. It is argued that UNDRIP contributes significantly to current discourse on indigenous heritage. However, this does not mean that further steps need not be taken. On the contrary, the collision between international investment law and indigenous entitlements makes the case for strengthening the current regime protecting indigenous heritage. In particular, the participation of indigenous peoples in the decisions which affect them and their heritage is crucial.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.