What is it about?

This article explores the various ways in which investor-state arbitrations are impacted by indigenous rights, and vice-versa, with a particular focus on Australia and New Zealand. In doing so, it considers indigenous rights at both domestic and international levels, and reviews significant investor-state awards that involve indigenous rights, with a view to frame the potential options for tribunals, counsel and parties, to consider indigenous involvement in investor-state arbitral proceedings.

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Why is it important?

In an ever-shrinking international world, foreign investors and international trade continues to grow. Similarly, indigenous communities are growing and becoming more involved in commerce generally. As more indigenous involvement continues, it is important to consider how indigenous rights effect the resolution of disputes that concern their respective states in which they have their roots.

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This page is a summary of: Investor-State Arbitration and Indigenous Rights, Asia Pacific Journal on Human Rights and the Law, February 2023, Brill, DOI: 10.1163/15718158-24010004.
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