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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