Land Grievances, Human Rights, and Investor Protections | Land Portal

Resource information

Date of publication: 
March 2016
Resource Language: 
ISBN / Resource ID: 
Land Grievances, Human Rights, and Investor Protections
Pages: 
54

The responsible governance of land-based investments hinges not only on ensuring that new investments comply with guidelines and standards, but also that existing investments are conducted responsibly, and that related grievances are adequately addressed. Dealing with existing land-based investments and the grievances that they raise, however, can be difficult for host governments navigating a complicated landscape of legal obligations and pragmatic considerations.

While there are various steps that host governments can take to address community or citizen grievances arising from investments, little guidance exists for doing so. Rather, more focus has been placed on the ex ante best practices that should be followed before investments are made. While there is no substitute for ensuring at the outset that investments are sustainable, the knowledge gap regarding what to do once investments have been undertaken is particularly concerning given the number of land deals that have been concluded since the turn of the twenty-first century and the growing willingness of investors to have recourse to investor-state arbitration.

CCSI has conducted research to fill this knowledge gap, examining the grievances arising from land-based investments, governments’ relevant legal obligations that may constrain or influence their actions vis-à-vis investors and those who are affected by investors’ actions, and the options available for addressing such grievances. This work has been supported by UK aid from the Department for International Development.

Authors and Publishers

Author(s), editor(s), contributor(s): 

Kaitlin Cordes

Publisher(s): 
Logo of Columbia Center on Sustainable Investment

The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice and discussion of sustainable international investment.

MISSION

Our mission is to develop practical approaches for governments, investors, communities and other stakeholders to maximize the benefits of international investment for sustainable development.

 

Data provider

Logo of Columbia Center on Sustainable Investment

The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice and discussion of sustainable international investment.

MISSION

Our mission is to develop practical approaches for governments, investors, communities and other stakeholders to maximize the benefits of international investment for sustainable development.

 

Share this page