A/HRC/33/40 impaired. India appealed the decision on 30 April 2016,53 and on 13 May announced that it would bring as many as 16 claims against the United States.54 72. Friends of the Earth has commented: “The WTO ruling against India’s National Solar Mission shows how arcane trade rules can be used to undermine governments that support clean energy and local jobs. The ink is barely dry on the Paris Climate agreement, but clearly trade still trumps real action on climate change.”55 That is paradigmatic of what is wrong with the pro-business approach to the regulatory space of States and with the socalled “Washington consensus” that consistently opposes industrial policy-making by States.56 A United Nations campaign is needed to mainstream human rights into the work of WTO and to establish clear guidelines for dispute settlement panels giving due weight to human rights, health and environmental concerns. VIII. Trade and human rights facilitation 73. The United Nations is the preeminent international organization and States should ensure it has the power to coordinate the work of all other international organizations, or at least to prevent them from frustrating the purposes and principles of its Charter. It is an anomaly that other organizations like WTO, the World Bank and the International Monetary Fund (IMF), as well as non-State actors, including transnational corporations, are competing with the United Nations in setting the world agenda and have a negative impact on the enjoyment of human rights by billions of women, men, children and elderly persons. Instead of such institutional competition, greater coordination is necessary. The twenty-first century cannot afford multiple world organizations taking the international order in different and often opposite directions. The international investment regime is not a “standalone” legal regime; it must be made to conform with the Charter of the United Nations and international human rights treaties. The so-called “fragmentation of international law” does not mean that conflicting legal regimes can function simultaneously and that conflict should be settled by three private arbitrators. Human rights are too important to be subordinated to mercantilism.57 In case of conflict, only the highest public courts can decide in the light of the totality of international law. Until amended by States Members, the Charter of the United Nations remains the principal treaty that determines the structure and functioning of the international order. 74. Article 103 of the Charter of the United Nations stipulates that all treaties must be compatible with the Charter. To the extent that aspects of trade agreements and WTO directives hinder the achievement of the purposes and principles of the Charter, including human rights and development, they must be revised. That requires the recognition that human rights are not a barrier to trade, but that trade can be a significant obstacle to the realization of human rights. 75. Saying “no” to the Trans-Pacific Partnership Agreement, the Transatlantic Trade and Investment Partnership, the Comprehensive Economic and Trade Agreement and the Trade 53 54 55 56 57 GE.16-11938 www.wto.org/english/news_e/news16_e/ds456apl_20apr16_e.htm. www.pv-magazine.com/news/details/beitrag/india-confirms-it-will-file-16-solar-cases-against-usunder-wto-dispute_100024597/#axzz49OIWaEFn. www.bbc.com/news/world-asia-india-35668342. Robert Wade, “The role of industrial policy in developing countries”, in UNCTAD, Rethinking Development Strategies after the Global Financial Crisis, vol. I, pp. 67-80; José Salazar-Xirinachs, Irmgard Nübler and Richard Kozul-Wright (eds.), Transforming Economies: Making industrial policy work for growth, jobs and development (Geneva, ILO, 2014). Juan Hernández Zubizarreta and Pedro Ramiro, Contra la lex mercatoria (Barcelona, Icaria editorial, 2015). 17