Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 45
Párrafo- Paragraph text
- In Grand River Enterprise Six Nations, Ltd. v. the United States (2011), a tobacco company owned by members of the Canadian Haudenosaunee nations challenged measure taken by the United States. One of the issues raised by the company was the absence of prior consultation in relation to some of the measures. While finding that no expropriation had occurred, the tribunal stated that it may well be that there does exist a principle of customary international law requiring governmental authorities to consult indigenous peoples as collectivities on governmental policies or actions significantly affecting them. As the enterprise was owned by individuals, the tribunal held that it did not have to address the issue of prior consultation. It did, however, add that a good case could be made that consultations should have occurred with governments of the native American tribes or nations in the United States, whose members and sovereign interests could, and apparently are, being affected by the measures to regulate commerce in tobacco.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights of indigenous peoples
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Other
- Reference
- SR Indigenous Peoples, Report to the HRC (2016), A/HRC/33/42, para. 45.
- Paragraph focus
- Examples of investor-State dispute settlements involving indigenous peoples' rights
- Paragraph number
- 45
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Fecha de adición
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