A/HRC/37/63
global intergovernmental deliberations. He noted, “a third dimension of democratization is
almost completely neglected: developing global democracy beyond States”.20
F.
Investor-State dispute settlement arbitrations
56.
In his 2015 report to the Council (A/HRC/30/44 and Corr.1), the Independent Expert
recommended that States should impose a moratorium on the execution of investor-State
dispute settlement awards until the entire system was tested by the International Court of
Justice. A new multilateral treaty should be elaborated stipulating that courts could not
execute such awards without verifying their compatibility with human rights treaty
obligations and public order. States should refrain from entering into new bilateral
investment treaties and free trade agreements, including the Trans-Pacific Partnership
Agreement, 21 the Transatlantic Trade and Investment Partnership, the Comprehensive
Economic and Trade Agreement and the Trade in Services Agreement, unless human rights,
health and environmental impact assessments had been conducted, and unless there was full
disclosure, consultation with stakeholders and public participation. Where possible,
referendums should be conducted.
G.
International trade and the growing power of transnational
corporations
57.
Yash Tandon reminds us in his book Trade is War that, historically, trade disputes
have led to armed conflict. Indeed, trade is a means to impose economic and political
dominance.22
58.
In his reports on bilateral investment treaties and free trade agreements, the
Independent Expert recommended that the General Assembly invite the United Nations
Conference on Trade and Development to convene a conference to revise or terminate
international investment agreements that had resulted in human rights violations. The
General Assembly might consider tasking the Council with a specific mandate on periodic
monitoring of the adverse impacts of the international investment regime on the enjoyment
of civil, cultural, economic, political and social rights, for example by expanding the scope
of examination under the universal periodic review (see A/70/285, paras. 66–67).
H.
A treaty making the Guiding Principles on Business and Human Rights
binding
59.
There are many solid studies concerning massive human rights violations committed
by transnational corporations with total impunity. The Council should, as a matter of
urgency, adopt a legally binding convention on corporate social responsibility, imposing
civil and penal liability on transnational corporations. The Guiding Principles on Business
and Human Rights, developed by the Special Representative of the Secretary-General on
the issue of human rights and transnational corporations and other business enterprises, are
ineffective because they are based on self-regulation and lack any enforcement mechanism.
20
21
22
16
See http://en.unpacampaign.org/225/boutros-ghali-parliamentary-assembly-inevitable-todemocratize-global-governance; Joseph Schwartzberg writes in Creating a World Parliamentary
Assembly: “Our increasingly interdependent world can no longer function without an effective UN
system. But for a variety of reasons — mainly related to the obsolescent mindsets and dubious
diplomatic practices of a world still guided mainly by Realpolitik — a large proportion of the human
family has lost faith in the UN. … A democratically constituted WPA will go far toward correcting
these deficiencies and would do much to promote more legitimate, transparent, representative,
accountable and responsive governance” (p. 96).
Its successor, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, seems to
suffer from the same fundamental problems as the original Partnership.
See also the history of the Opium Wars to force the opening of China to European trade in Jack
Beeching, The Chinese Opium Wars (Orlando, Florida, Harcourt Brace Jovanovich, 1975).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents