The Impact of Foreign Direct Investment on Indigenous Peoples: Insights From Investment Arbitration Case Law

This article examines the extent to which foreign investments negatively impact Indigenous Peoples. Drawing on case law insights from investor-state dispute settlement and relevant international human rights instruments, this study highlights the tensions between the protection of Indigenous communities and the rights of foreign investors. The article demonstrates that international investment law inadequately addresses human rights concerns, leaving Indigenous Peoples vulnerable to adverse effects from investment projects. The findings from case law analysis emphasise the need for a more consistent and comprehensive approach to reconciling these competing interests, incorporating human rights considerations into investment arbitration. This paper advocates for greater inclusion of Indigenous communities in decision-making processes and reforms that balance economic development with the protection of Indigenous rights.