A/HRC/30/44
I. Introduction
1.
Pursuant to Human Rights Council resolutions 18/6, 21/9, 25/15 and 27/9, the
Independent Expert has endeavoured to identify obstacles to the realization of a democratic
and equitable international order, including lack of transparency and accountability
(A/HRC/21/45 and A/67/277), lack of genuine democratic participation in domestic and
global decision-making (A/HRC/24/38), asymmetric economic, financial and trade
practices (A/68/284), military expenditures (A/HRC/27/51) and denial of self-determination
(A/69/272).
2.
In this report, the Independent Expert addresses the adverse impacts of free trade
and investment agreements, whether bilateral or multilateral, on the international order. The
report to the General Assembly will focus on the impacts of investor–State dispute
settlement arbitrations. The Independent Expert has relied on the advice of economists and
given attention to the reports of other Special Procedures mandate holders, including the
Special Rapporteur on the right to food (A/HRC/19/59/Add.5 and A/HRC/10/5/Add.2); the
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health;1 the Special Rapporteur on the human right to safe
drinking water and sanitation;2 the Special Rapporteur on extreme poverty and human
rights;3 the Independent Expert on the effects of foreign debt and other related international
financial obligations of States on the full enjoyment of all human rights, particularly
economic, social and cultural rights;4 the Special Rapporteur on the independence of judges
and lawyers; the Special Rapporteur on the rights to freedom of peaceful assembly and of
association (A/HRC/29/25); the former Special Representative of the Secretary-General on
human rights and transnational corporations and other business enterprises;5 and the
Working Group on the issue of human rights and transnational corporations and other
business enterprises (A/HRC/29/28, paras. 30–31). He strongly endorses articles 1 to 10 of
the 2011 Guiding Principles on Business and Human Rights (A/HRC/17/31, annex) and the
United Nations “Protect, Respect and Remedy” Framework.6 He relies on pertinent general
comments and concluding observations of treaty bodies including the Human Rights
Committee, the Committee on Economic, Social and Cultural Rights, and the Committee
on the Rights of the Child. He welcomes the perceptive diagnoses, recent conferences and
pertinent reform initiatives by UNCTAD. 7
3.
Advocates of free trade and investment agreements may question the analysis in this
report because of a lack of hands-on experience. Critics, however, cannot delegitimize the
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5
6
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4
A/69/299, A/HRC/11/12 and A/HRC/20/15/Add.2. See also E/CN.4/2005/51/Add.3 and
www.ohchr.org/Documents/Issues/SForum/SForum2015/DainiusPuras.pdf.
“Extraterritorial violations may occur, for example, when … (d) States fail to respect human rights or
restrict the ability of others to comply with their human rights obligations in the process of
elaborating, applying and interpreting international trade and investment agreements” (A/HRC/27/55,
para. 71).
“States should take into account their international human rights obligations when designing and
implementing all policies, including international trade, taxation, fiscal, monetary, environmental and
investment policies�� (A/HRC/21/39, para. 61).
Juan Pablo Bohoslavsky and Juan Bautista Justo, “The conventionality control of investment
arbitrations: enhancing coherence through dialogue”, Transnational Dispute Management, vol. 10,
No. 1 (2013), pp. 1–12.
John Ruggie. See www.ohchr.org/EN/Issues/Business/Pages/SRSGTransCorpIndex.aspx.
business-humanrights.org/en/un-secretary-generals-special-representative-on-business-humanrights/un-protect-respect-and-remedy-framework-and-guiding-principles.
UNCTAD, World Investment Report 2015, Trade and Development Report 2014.
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