Abstract

GOMEZ MORENO, Juan Pablo. The Tension between Foreign Investors and Local Communities in International Investment Arbitration Related to Extractive Projects in Latin America. Estud. Socio-Juríd [online]. 2022, vol.24, n.1, pp.127-162.  Epub Aug 02, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.11012.

The opposition of local communities to extractive projects in Latin America has become an important topic of investment arbitration. Accordingly, many of the controversies of the system have dealt with these issues. These cases have implications on the exercise of public powers and create frictions in the territories where the economic activities of investors are carried out, which gives place to tensions between foreign investors and the local communities. Against this backdrop, the purpose of this article is to reflect upon some of the causes of these tensions. To do so, the text presents the study of those causes from an anthropological and a legal perspective. The general conclusion of the research is that the tensions arise mainly from the different points of view foreign investors and local communities have regarding their relationship with their surroundings and the way in which each of them understands concepts such as land, natural resources, and property rights.

Keywords : Investment arbitration; local communities; extractive projects; Latin America.

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