A/HRC/33/40 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 have been conducted, and unless there is full disclosure, consultation with stakeholders and public participation. Where possible, referendums should be conducted. 88. States should test the legality of provisions of bilateral investment treaties and free trade agreements, investor-State dispute settlement and investment court system mechanisms, as well as WTO rules and practice, for compatibility with their own Constitutions and with their human rights treaty obligations. 89. States may consider invoking the inter-State procedures of the Human Rights Committee (International Covenant on Civil and Political Rights, art. 41) and of regional human rights courts. European States should test the compatibility of the Comprehensive Economic and Trade Agreement and the Transatlantic Trade and Investment Partnership with their human rights obligations before the European Court of Human Rights. American States should test the compatibility of trade agreements with the American Convention on Human Rights. African States should test compatibility with the African Charter on Human and Peoples’ Rights. States members of the European Union should test the constitutionality of trade agreements before the European Court of Justice.77 90. States should conduct ex post human rights, health and environmental impact assessments in connection with existing trade agreements and modify them where necessary. 91. States should cooperate with the inter-governmental working group on the drafting of a binding treaty on corporate social responsibility and adopt it expeditiously. The treaty should put teeth on the Guiding Principles on Business and Human Rights and provide for monitoring and enforcement mechanisms. The treaty should give recourse and remedy to victims of abusive activities by transnational corporations. 92. States should implement the Doha Development Agenda as envisaged in Sustainable Development Goal 17.10. The Trade Facilitation Agreement must not become operative until the Doha Development Agenda commitments have been met. To parliaments 93. No parliament should approve trade agreements without exercising oversight functions and examining the compatibility of the agreements with human rights treaty obligations in the light of impact assessments. 94. Parliaments should make it illegal for treaty negotiators to agree to antidemocratic lock-in periods in investment treaties.78 The adding of riders to existing bills without democratic debate is inacceptable. 77 78 GE.16-11938 On 4 May 2016, the European Court of Justice upheld the 2014 Tobacco Products Directive against challenges from British-American Tobacco (BAT) and Philip Morris, http://curia.europa.eu/jcms/upload/docs/application/pdf/201605/cp160048en.pdf?version=meter+at+null&module=meterLinks&pgtype=article&contentId=&mediaId=&referrer=https%3A%2F%2Fwww.google.ch%2F&pri ority=true&action=click&contentCollection=meter-links-click. Typically they range from 10 to 30 years in investment treaties, when one accounts for the minimum terms plus survival clauses. The Independent Expert is not aware of other treaties that have such long 21