Research On The Indigenous Peoples’ Human Rights Protection Of The Host State In International Investment Arbitration

In addition to Asia, China’s foreign investment has ranged to other areas with rich resources such as Africa, Latin America, and Oceania that have the high incidence of investment disputes. In order to develop national economy, the host state often imports the foreign investment regardless of the cost resulting into the tensions between foreign investors and the host state citizens, especially the host state indigenous peoples. Although the international conventions relating to the protection of indigenous peoples rights is relatively less now, but the protection of indigenous peoples’ human rights is the voice of The Times.ICSID mechanism is the most often used also with the highest transparency in international arbitration regime. For this, the paper aims to discuss how to strengthen the indigenous peoples’human rights protection in ICSID mechanism. It firstly elaborates the status-quo of the indigenous peoples’ human rights protection including the framework and the dilemma of indigenous peoples’ human rights protection in investment arbitration field; then it introduces the Amicus Curia institution which is close to the indigenous peoples’ human rights protection in investment arbitration including the new ICSID rules, the Amicus Curia practice in the new rules and the indigenous peoples’Amicus Curia status. After that, this paper probes into two Inter-American system human rights protections: right to consultation and intervention. Incorporating the Rules of Intervention as a Improvement measure, at the same time Incorporating the Rules of consultation as a Preventive measure. Finally this paper discusses some other possible solutions in international arbitration regime. After all, the essences of theoretical research is to promote the progress of practice. This paper is also hoping to improve the development of China’s foreign investment.