A/HRC/33/40 95. Parliaments should invoke the pertinent revision and termination procedures laid out in the Vienna Convention on the Law of Treaties to modify commercial treaties and abolish investor-State dispute settlement. 96. Parliaments and IPU should intensify their cooperation with WTO in the field of human rights, health and the environment. To domestic courts 97. National courts and tribunals should execute foreign arbitral awards only after examining their legitimacy in the light of human rights treaty obligations. Arbitral awards that encroach on the regulatory space of States should be rejected as contrary to domestic and international ordre public. The public policy exception contained in article 5 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards should be used systematically to prevent interference in fundamental State functions. To the International Court of Justice 98. The International Court of Justice should pronounce in appropriate contentious cases or in an advisory opinion on the erga omnes obligations of States to comply with the human rights treaty regime. No trade agreement, investor-State dispute settlement or investment court system may obstruct the fulfilment of human rights treaty obligations. The supremacy clause of the Charter of the United Nations (Article 103) and general principles of law, including good faith, the prohibition of treaties that are contra bonos mores and the prohibition of abuse of rights, override conflicting trade agreements and arbitral awards. To the World Trade Organization 99. WTO should mainstream human rights into all of its activities and issue directives to the dispute settlement panels so that human rights treaty violations are not adversely affected. 100. WTO dispute panels should interpret the exceptions in the General Agreement on Tariffs and Trade 1994 to support initiatives on food security, health and the environment and facilitate solutions to climate change. WTO should harmonize policies with the Food and Agriculture Organization of the United Nations (FAO) and OHCHR. To the United Nations Conference on Trade and Development 101. UNCTAD should convene a world conference to revise existing bilateral investment treaties and free trade agreements, abolish investor-State dispute settlement and declare the investment court system incompatible with United Nations constitutional law. To national human rights institutions and civil society organizations 102. National human rights institutions and civil society organizations should assist in conducting human rights, health and environmental impact assessments. They should disseminate information on commercial treaties and their human rights impacts and demand that referendums be held. lock-in periods that hinder future elected Governments from revisiting treaties. Democratic Governments must never be bound by such treaties generation after generation. 22 GE.16-11938

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