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- Title
WHEN CULTURES COLLIDE: FOREIGN DIRECT INVESTMENT, NATURAL RESOURCES, AND INDIGENOUS HERITAGE IN INTERNATIONAL INVESTMENT LAW.
- Authors
Vadi, Valentina S.
- Abstract
The article explores the way in which international investment treaties and arbitral tribunals have dealt with the rights of indigenous people. It provides a description and assessment of the emergence of international norms to protect indigenous cultural heritage. It describes the investment law framework and investor-state arbitration. It scrutinizes the conflict of norms that protect indigenous cultural heritage and the norms of investment. It offers recommendations to better reconcile the different interests to ensure protection of indigenous people's rights in the context of investor-state arbitrations.
- Subjects
FOREIGN investment laws; INDIGENOUS peoples; INTERNATIONAL courts; PROTECTION of cultural property (International law); ARBITRATION &; award; INVESTORS; NATURAL resources; TREATIES; HUMAN rights
- Publication
Columbia Human Rights Law Review, 2011, Vol 43, Issue 3, p797
- ISSN
0090-7944
- Publication type
Article