Abstract

An assumption implicit to the international investment dispute arbitration regime is that state party respondents will adequately represent the interests of citizens whose rights may be adversely affected as a result of an investment dispute. However, for a variety of reasons, states cannot be reasonably expected to adequately represent the property rights of indigenous peoples whose disputed land claims are adverse to the economic development plans of states and investors both. In the Western Hemisphere in particular, this conflict of interest threatens the adequate preservation of ...