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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