A/HRC/30/44 ways to repeal and/or modify them according to the Vienna Convention on the Law of Treaties. 64. To transnational enterprises and investors: transnational enterprises must accept the adoption of State measures to implement progressively the rights contained in the International Covenant on Economic, Social and Cultural Rights and factor them in as a cost of doing business. They must refrain from interfering in a State’s function to legislate in the public interest in implementation of human rights treaty obligations. 65. To civil institutions: society, national human rights institutions, universities and religious (a) Civil society organizations and universities should revisit the dogmas of market fundamentalism and test empirically the extent to which existing international investment agreements have fostered or hindered the enjoyment of human rights; (b) Individuals and groups should reclaim their democratic right to participate in decision-making in the determination of governmental budgetary, fiscal, economic, trade and social policies. They should demand the primacy of human rights over investment privileges and vindicate the social contract, as reflected in an index of public satisfaction composed of both material and non-material indicators; (c) Individuals and groups should demand periodic review of the success or otherwise of international investment agreements. When treaties conflict with human rights, they must be revised, amended or terminated; (d) Individuals and groups should demand transparency and accountability from their elected officials, particularly with regard to the elaboration, negotiation, adoption and application of trade and investment agreements; (e) Individuals and groups should engage national courts to determine the constitutionality of existing bilateral investment treaties and free trade agreements and to define the parameters of possible future agreements; (f) Individuals and groups should assert their rights by invoking the jurisdiction of regional human rights courts, and asking them to investigate and denounce violations of the civil, cultural, economic, political and social rights resulting from the application of international investment agreements or the implementation of investor–State dispute settlement awards; (g) Law schools should include ethics in their curricula and teach prospective lawyers and arbitrators that they have a duty to serve society and uphold the letter and spirit of the law. They cannot aid and abet any system whose foreseeable consequences are the erosion of human rights and environmental standards. Students should see investment law as part of a legal framework that includes human rights. Law is not a game and the goal is not to “win” but to serve justice, aware that positivism in law must integrate human dignity. No one should seek to profit from injustice; (h) Religious institutions should join forces to assess the compliance of bilateral investment treaties and free trade agreements with human rights law and standards, and where relevant promote ways to modify or terminate those treaties that adversely impact on human rights; (i) National human rights institutions should advise States against entering bilateral investment treaties or free trade agreements that do not guarantee State sovereignty and regulatory space. National human rights institutions should advise States on how to modify or terminate treaties that hinder the implementation of human rights. 66. 22 To the Human Rights Council :

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