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Resolution of Disputes Involving the Rights of Indigenous Peoples and Extraction of Natural Resources by Foreign Investors

Published online by Cambridge University Press:  20 January 2017

Ben Juratowitch*
Affiliation:
Freshfields Bruckhaus Deringer; London School of Economics; University of Paris V

Abstract

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Type
Corporate Responsibility and Human Rights
Copyright
Copyright © American Society of International Law 2015

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References

1 James Anaya, Report of the Special Rapporteur on the Rights of Indigenous Peoples: Extractive Industries and Indigenous Peoples, paras. 2, 8, 80, delivered to the Human Rights Council, U.N. Doc. A/HRC/24/41 (July 1, 2013).

2 Report of the Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, para. 16, delivered to the General Assembly, U.N. Doc. A/68/279 (Aug. 7, 2013).

3 Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments, Annex art. 10, July 1, 1996, C.T.S. 1998/20.

4 Government of the United States, U.S. Model Bilateral Investment Treaty, arts. 8(3)(c)(ii), 12(3)–(5), 2012.

5 International Institute for Sustainable Development, IISD Model International Agreement on Investment for Sustainable Development, arts. 21, 25(A)–(B), Apr. 2005.

6 Government of Norway, Draft Model Agreement for the Promotion and Protection of Investments, preambleparas. 3, 7, 8, 10, arts. 8(2), 9(3)(ii)(d), 12, 24(ii), 24(iv), 24(v), 27, Dec. 19, 2007.

7 Committee on the Elimination of Racial Discrimination, Consideration of Reports Submitted by States Parties Under Article 9 of the Convention: Concluding Observations on the Report Submitted by South Africa, para. 10, U.N. Doc. CERD/C/ZAF/CO/3 (Oct. 19, 2006).