재생에너지 관련 잠재적 국제투자중재에서 원주민들의 권리보호 : 원주민들의 비분쟁당사자로서의 역할을 중심으로

As climate change has intensified, use of renewable energy which can contribute to mitigating greenhouse gas emissions has also increased. In particular, such an increasing use of renewable energy has also led to a growing number of international investment disputes. In this context, given that many renewable energy developments have occurred in the territories traditionally occupied and used by indigenous peoples and numerous violations of the rights of indigenous peoples have also happened, this article focuses on how to protect the rights of indigenous peoples in a potential international investment arbitration in the context of renewable energy developments, focusing on their role as amicus curiae because they cannot participate in a given dispute only as amicus curiae under the relevant rules. Following the discussion on how they can protect their rights in a potential investment dispute, this article suggests how to reform the third-party participation system so that their rights are properly protected.