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Heritage, Power and Destiny: The Protection of Indigenous Heritage in International Investment Law and Arbitration

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Heritage, Power and Destiny : The Protection of Indigenous Heritage in International Investment Law and Arbitration. / Vadi, Valentina.

In: George Washington International Law Review, Vol. 50, No. 4, 2018, p. 725-780.

Research output: Contribution to journalJournal article

Harvard

Vadi, V 2018, 'Heritage, Power and Destiny: The Protection of Indigenous Heritage in International Investment Law and Arbitration', George Washington International Law Review, vol. 50, no. 4, pp. 725-780.

APA

Vancouver

Author

Vadi, Valentina. / Heritage, Power and Destiny : The Protection of Indigenous Heritage in International Investment Law and Arbitration. In: George Washington International Law Review. 2018 ; Vol. 50, No. 4. pp. 725-780.

Bibtex

@article{526be6f73f56410b90815a975ba7fab4,
title = "Heritage, Power and Destiny: The Protection of Indigenous Heritage in International Investment Law and Arbitration",
abstract = "This Article explores the clash between investors’ rights and Indigenouspeoples’ rights in international investment law and arbitration. Itcontributes to the existing literature by highlighting the power differentialsamong different state and non-state actors as well as the role ofinternational investment law in maximizing or neutralizing such conflicts.The existing literature has shown that the protection of the rightsof Indigenous peoples has increasingly intersected with the promotion offoreign investments in international investment law. However, due tothe extraordinary boom of investor–state arbitrations in the past years, acomprehensive scrutiny of the relevant arbitrations and a conceptualanalysis of the same is still missing. This Article aims to fill this gap inthe existing literature. Not only does this Article map the most recentawards dealing with Indigenous peoples’ rights, but it also criticallyassesses the key importance of this jurisprudence for the development ofinternational investment law, human rights law, and international lawmore generally.",
keywords = "cultural heritage, indigenous peoples, sovereignty, international investment law, investment arbitration",
author = "Valentina Vadi",
year = "2018",
language = "English",
volume = "50",
pages = "725--780",
journal = "George Washington International Law Review",
number = "4",

}

RIS

TY - JOUR

T1 - Heritage, Power and Destiny

T2 - The Protection of Indigenous Heritage in International Investment Law and Arbitration

AU - Vadi, Valentina

PY - 2018

Y1 - 2018

N2 - This Article explores the clash between investors’ rights and Indigenouspeoples’ rights in international investment law and arbitration. Itcontributes to the existing literature by highlighting the power differentialsamong different state and non-state actors as well as the role ofinternational investment law in maximizing or neutralizing such conflicts.The existing literature has shown that the protection of the rightsof Indigenous peoples has increasingly intersected with the promotion offoreign investments in international investment law. However, due tothe extraordinary boom of investor–state arbitrations in the past years, acomprehensive scrutiny of the relevant arbitrations and a conceptualanalysis of the same is still missing. This Article aims to fill this gap inthe existing literature. Not only does this Article map the most recentawards dealing with Indigenous peoples’ rights, but it also criticallyassesses the key importance of this jurisprudence for the development ofinternational investment law, human rights law, and international lawmore generally.

AB - This Article explores the clash between investors’ rights and Indigenouspeoples’ rights in international investment law and arbitration. Itcontributes to the existing literature by highlighting the power differentialsamong different state and non-state actors as well as the role ofinternational investment law in maximizing or neutralizing such conflicts.The existing literature has shown that the protection of the rightsof Indigenous peoples has increasingly intersected with the promotion offoreign investments in international investment law. However, due tothe extraordinary boom of investor–state arbitrations in the past years, acomprehensive scrutiny of the relevant arbitrations and a conceptualanalysis of the same is still missing. This Article aims to fill this gap inthe existing literature. Not only does this Article map the most recentawards dealing with Indigenous peoples’ rights, but it also criticallyassesses the key importance of this jurisprudence for the development ofinternational investment law, human rights law, and international lawmore generally.

KW - cultural heritage

KW - indigenous peoples

KW - sovereignty

KW - international investment law

KW - investment arbitration

M3 - Journal article

VL - 50

SP - 725

EP - 780

JO - George Washington International Law Review

JF - George Washington International Law Review

IS - 4

ER -