A/HRC/30/44
(b)
dispute.
The disputing parties’ interest in a fair and efficient resolution of their
5.
These Rules shall not affect any authority that the arbitral tribunal may otherwise have
under the UNCITRAL Arbitration Rules to conduct the arbitration in such a manner as
to promote transparency, for example by accepting submissions from third persons.
6.
In the presence of any conduct, measure or other action having the effect of wholly
undermining the transparency objectives of these Rules, the arbitral tribunal shall
ensure that those objectives prevail.
Applicable instrument in case of conflict
7.
Where the Rules on Transparency apply, they shall supplement any applicable
arbitration rules. Where there is a conflict between the Rules on Transparency and the
applicable arbitration rules, the Rules on Transparency shall prevail. Notwithstanding
any provision in these Rules, where there is a conflict between the Rules on
Transparency and the treaty, the provisions of the treaty shall prevail.
8.
Where any of these Rules is in conflict with a provision of the law applicable to the
arbitration from which the disputing parties cannot derogate, that provision shall
prevail.
9.
These Rules are available for use in investor-State arbitrations initiated under rules
other than the UNCITRAL Arbitration Rules or in ad hoc proceedings.
Draft Declaration on the Right to International Solidarity of the
Independent Expert on human rights and international solidarity
(A/HRC/26/34) – excerpts
Article 9
1.
In the elaboration and implementation of international agreements and related
standards, States shall ensure that the procedures and outcomes are fully consistent
with their human rights obligations in matters pertaining to, inter alia, international
trade, investment, finance, taxation, climate change, environmental protection,
humanitarian relief and assistance, development cooperation and security.
2.
States shall take appropriate, transparent and inclusive action to consult their
populations and fully inform them of the decisions agreed upon at the national,
bilateral, regional and international levels, in particular on matters that affect their
lives.
Article 10
1.
States shall establish an appropriate institutional framework and adopt domestic
measures to give effect to the right of peoples and individuals to international
solidarity, in particular by ensuring and facilitating access for everyone to domestic
and international legislative, judicial or administrative mechanisms:
(a)
When failure of States to fulfil their commitments made at the regional and
international levels results in denials and violations of human rights; and
(b)
When actions and omissions by non-State actors adversely affect the exercise
and full enjoyment of their human rights.
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