"Law in the natural resource squeeze: 'land grabbing', investment treaties and human rights", 13 Oct 2016

Lorenzo Cotula discusses highlights from his latest acedemic piece, in which he explores whether investment treaties protect 'land grab' deals, and how these impact the land rights of rural people...The proliferation of such treaties – including the investment chapter of the proposed Transatlantic Trade and Investment Partnership – has made this one of the most dynamic, and contested, areas of international law...Dr Cotula explores whether investment treaties protect 'land grab' deals, and what this means for the land rights of rural people...In the article, I explore the role the law plays in settling these growing pressures on land.  My main argument is that, if not properly thought through, international treaties to protect foreign investment could compound shortcomings of local and national governance, undermining the rights of people impacted by the investments...Investors might activate the treaties if affected people successfully mobilise against the project...The investor might sue the government before international arbitral tribunals and claim large amounts in compensation – or it might threaten legal action to persuade the government to change its course...There is a strong case for people working on land rights in an investment context to become more engaged with investment treaty policy...