Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 107
Paragraph- Paragraph text
- In order to suspend or terminate an international investment agreement that affects indigenous peoples' rights, States could invoke article 62 (2) of the Vienna Convention on the law of treaties in relation to a fundamental change in circumstances, such as the recognition of indigenous peoples within their borders. To do so, they would need to show that: (a) such recognition was not foreseen when the agreement was entered into, which could be explained by the evolving understanding of States in Asia and Africa as to what constitutes an indigenous people in those regions; (b) the change radically transforms the extent of obligations still to be performed under the treaty, as could be the case given the requirement to obtain indigenous peoples' free, prior and informed consent to investment plans; and (c) the change is not the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty, a threshold that is not met by the recognition of indigenous peoples' rights within the host State.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
- Reference
- SR Indigenous Peoples, Report to the HRC (2016), A/HRC/33/42, para. 107.
- Paragraph focus
- Complementary measures necessary to mitigate the impacts of international investment agreements
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 107
sorted by
Date added
132 relationships, 132 entities