A/HRC/39/18
well as the right to development, which in turn implies a duty to carry out due diligence of
conducting human rights impact assessment of such measures. 20 One of the targets under
Sustainable Development Goal 17 is to “respect each country’s policy space and leadership
to establish and implement policies for poverty eradication and sustainable development”
(target 17.15).21 Hence, respecting the policy space of countries as an expression of their
right to self-determination is important to promote sustainable development and to address
inequalities among countries.22
44.
Particularly in the field of international investment law, balancing the rights of
investors with self-determination and national sovereignty over natural resources is
important for protecting an enabling policy space for the realization of the right to
development of developing countries. The enforcement of bilateral investment agreements
should be compatible with States’ international human rights obligations and international
human rights instruments, including allowing for nationalization of resources for preserving
the rights of indigenous peoples. 23 International investment policies, agreements and
dispute settlement provisions should be revised to safeguard the policy space necessary for
the realization of human rights.24
45.
The Declaration on the Right to Development also affirms States’ obligation to take
resolute steps to eliminate massive and flagrant violations of human rights “affected by
situations such as … colonialism, foreign domination and occupation, aggression, foreign
interference and threats against national sovereignty, national unity and territorial integrity,
threats of war and refusal to recognize the fundamental right of peoples to selfdetermination” (art. 5). These relate to the subjugation of one nation or people to another, a
process which is enabled by and exacerbates inequality among countries, and denies the
right to development of the peoples whose self-determination is violated. 25 The 2030
Agenda calls “for further effective measures and actions to be taken, in conformity with
international law, to remove the obstacles to the full realization of the right of selfdetermination of peoples living under colonial and foreign occupation, which continue to
adversely affect their economic and social development as well as their environment” (para.
35).
C.
Duty to cooperate to ensure development and to remove obstacles from
development
46.
According to the Declaration on the Right to Development “States have the duty to
cooperate with each other in ensuring development and eliminating obstacles to
development” and the full realization of human rights (art. 3 (3)). The duty of international
cooperation, in this context, includes the duty to seek, in good faith, to conclude and
implement international agreements that contribute to the realization of the right to
development. 26 Several specific provisions of the Declaration detail how the duty to
cooperate should be carried out. States “should realize their rights and fulfil their duties in
such a manner as to promote a new international economic order based on sovereign
20
21
22
23
24
25
26
See, e.g., A/HRC/37/54.
The indicators related to the Sustainable Development Goals can be found in General Assembly
resolution 71/313, annex IV.
For an analysis of how international investment agreements have affected the right to development,
see paper by Bhumika Muchhala, “International investment agreements and industrialization:
realizing the right to development and the Sustainable Development Goals”, available from
www.ohchr.org/EN/Issues/Development/Pages/19thSession.aspx.
See, for example, Inter-American Court of Human Rights, Case of Sawhoyamaxa Indigenous
Community v. Paraguay, Judgment of 29 March 2006, para. 140.
United Nations Conference on Trade and Development (UNCTAD), “Investment Policy Framework
for Sustainable Development” (2015), UNCTAD/DIAE/PCB/2015/5, pp. 19, 31, 33, 78–79, 82, 85,
117 and 119.
See A/71/554, paras. 38–59 and 61; see also UNCTAD/GDS/APP/2017/2, pp. 38–40.
See “The international dimensions of the right to development: a fresh start towards improving
accountability”.
9
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