Case Study: Burlington Resources Inc. v Ecuador/Kichwa Indigenous People of Sarayaku v Ecuador

Abstract

The following case study - drafted for the 2016 ILA Committee meeting - is a unique example for the triangular relationship between investors, states and indigenous communities, and has been investigated both from an investment law and human rights perspective. It thus bears particular relevance in delineating the scope of the rights and obligations of the respective parties in the context of resource development projects/foreign investments which have an impact on indigenous communities.