Local communities, extractivism and international investment law: the case of five Colombian communities

Abstract

This article investigates the relationship between the investment treaty regime and the social fabric of extractivist projects. Investment treaties are central to the political economy and narratives of extractivism. This international regime tilts the balance in favour of extractive projects by strengthening foreign investor rights and facilitating alliances between foreign investors and national elites. If states give in to environmentalist or local pressures, ISDS becomes foreign investors’ weapon of last resort: Investors can enforce their expectations in a forum where local communities have neither rights nor legal standing. This way, the investment treaty regime makes local communities invisible, contributing to the ontological occupation of territories. I illustrate these claims by examining the experiences of five Colombian local communities. The article also serves as an introduction to a Special Issue that continues discussing the case of Colombia, brings additional insights from Peru, and examines how local communities can speak more effectively.