Land-based investments can create significant grievances for local
individuals or communities, and host governments seeking to address
those grievances must navigate a complicated landscape of legal
obligations and pragmatic considerations. This report focuses on
practical solutions for governments confronting grievances that arise
from large-scale investments in agricultural or forestry projects.
The report considers such solutions in the context of governments’ legal
obligations, particularly those imposed by international investment law,
international human rights law, and investor-state contracts.
Understanding the implications of this diverse range of legal
obligations is particularly important in light of investors’ growing
recourse to international investment arbitration, which can expose a
government to liability under an international investment treaty for
actions that may be in the best interest of a country and its citizens.
Analyzing such obligations is a useful first step for a government
seeking to protect its citizens against the negative impacts of
Cordes, K.Y.; Johnson, L.; Szoke-Burke, S. Land Deal Dilemmas: Grievances, Human Rights and Investor Protections. Columbia Center on Sustainable Investment, New York, USA (2016) 54 pp.
Land Deal Dilemmas: Grievances, Human Rights and Investor Protections