A/HRC/30/44
(a) The new Forum on Human Rights, Democracy and the Rule of Law should
devote a session to the human rights impacts of bilateral investment treaties and free trade
agreements. This Forum may elaborate a plan of action to address existing problems and
recommend implementable solutions, including the phasing out of investor–State dispute
settlement and either reverting to national tribunals or replacing investor–State dispute
settlement by the creation of an independent and transparent international investment court
with permanent judges bound by a statute that prioritizes human rights and disallows oneway jurisdiction, so that not only investors but also States have standing to sue;
(b) The Human Rights Council should systematically use its universal periodic
review procedure to inquire into the impact of bilateral investment treaties and free trade
agreements on the enjoyment of human rights;
(c) The Council should consider tasking OHCHR with a global online
consultation on the issue of adverse impacts of free trade and investment agreements on the
enjoyment of human rights so as to provide input to the Accountability and Remedy
Project, and allocate additional funds for this consultation;
(d) The Council should consider referring matters to the United Nations Security
Council and to United Nations specialized agencies like the Food and Agriculture
Organization of the United Nations, ILO, WHO and the United Nations Children’s Fund
and study the possibility of requesting injunctive relief to prevent the violation of civil,
cultural, economic, political and social rights.
67.
To United Nations agencies and subsidiary organs :
(a) UNCTAD should consider convening a conference to explore the
possibilities of revising or terminating existing bilateral investment treaties and free trade
agreements that contain provisions that have interfered with the State’s duty to legislate
human rights, implement economic policies and regulate in the public interest. Such a
conference should advance the UNCTAD “action menu” and “road map” for reform;
(b) UNCTAD and OHCHR should provide advisory services and technical
assistance how to reverse the negative human rights impacts of bilateral investment treaties
and free trade agreements and how to compensate victims;
(c) All United Nations agencies and subsidiary organs should put international
investment agreements on their agenda and offer advisory services and technical assistance to
States considering such agreements to ensure the protection of all human rights, including the
rights to food, health, minimum wage, improved labour standards, gender equality and the
rights of the child. In relevant ICSID and investor–State dispute settlement arbitrations they
should submit amicus curiae briefs. They should use their competence under Article 96 (2) of
the Charter of the United Nations to request pertinent advisory opinions from the
International Court of Justice;
(d) WTO should integrate human rights into its mission statement and ensure
that its dispute settlement mechanism fosters human rights;
(e) As the core legal body of the United Nations system in the field of
international trade law, UNCITRAL62 should mainstream human rights into its activities, in
particular strengthen its transparency rules and ensuring that arbitrations systematically take
obligations under the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights into account and refrain
62
www.uncitral.org/, www.uncitral.org/pdf/english/texts/arbitration/rules-on-transparency/Rules-onTransparency-E.pdf, www.uncitral.org/pdf/english/texts/arbitration/
rules-on-transparency/Rules-on-Transparency-E.pdf.
23
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