A/HRC/30/44 and investment agreements hinder the State’s function of legislating in the public interest and result in violations of human rights treaties including ICCPR, ICESCR, ILO and WHO Conventions, they may be considered contra bonos mores and as such null and void pursuant to article 53 of the Vienna Convention on the Law of Treaties (CVLT). Customary international law on these issues should be revisited, including general principles of law (Art. 38 ICJ statute) including good faith (Art. 26 Vienna Convention on the Law of Treaties) and the concept of abuse of rights contained in the legislation of many countries. 15. A review of the establishment of ISDS Tribunals and issues of conflict of interests and a review of the jurisprudence of ISDS arbitrations, including the possibilities of challenging arbitration awards will be discussed. In particular, the possibility and modalities of refusing implementation of arbitration awards and the consequence of such refusal will be explored, as well as the experience made by States in suing transnational corporations for environmental damage (the polluter pays principles) and endangering public health. In this context participants should consider whether the establishment of parallel systems of dispute settlement are compatible with the State’s obligation to ensure that suits at law are examined by independent tribunals. Separate and unaccountable dispute settlement mechanisms seem to be contrary to the rule of law, in particular to article 14(1) ICCPR. 7. Pragmatic recommendations to make globalization work for human rights 16. Global challenges include privatization, the role of the World Bank and its International Center for Settlement of Investment Disputes, the WTO and the IMF, foreign debt management, default, unilateral sanctions, extraterritorial application of laws, etc. 17. Participants will discuss general issues about the impact of globalisation on human rights, including the ideas of taxation of transnational enterprises and phasing-out of tax havens and formulate recommendations thereon. 18. Among possible recommendations are the modification or termination of free trade and investment agreements that have led to violations of human rights. Participants consider the grounds for denunciation, invalidity, suspension, modification or termination of treaties laid down in the VCLT, including error (art. 48), fraud (art. 49), corruption (art. 50), coercion (arts. 51 and 52), conflict with peremptory norms (art. 53), implied right of denunciation or withdrawal (art. 56), breach (art. 60), supervening impossibility of performance (art. 61), fundamental change of circumstances (art. 62), emergence of a new jus cogens norm (art. 64), and the procedure to follow (arts. 65 et seq.) 19. Participants may also consider the feasibility for the General Assembly or some other body such as the ILO or WHO to request advisory opinions from the International Court of Justice on the primacy of human rights over FTAs and on available mechanisms to provide redress to victims. Guiding Principles on business and human rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework – excerpts 20. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011. 29