A/HRC/30/44 (k) States should monitor respect for the Guidelines on Business and Human Rights by all transnational enterprises operating in their territory and make them legally binding in the domestic legal order; (l) States should partner with civil society actors to counteract the negative impact of free trade agreements on the enjoyment of human rights and provide for an enabling environment for civil society actors; (m) States must deny effect to investor–State dispute settlement and ICSID awards that violate human rights, practice solidarity with States seeking to modify or terminate bilateral investment treaties, free trade agreements or investor–State dispute settlement agreements or that deny effect to arbitral awards, and take measures vis-à-vis investors and transnational corporations violating international human rights law; (n) States victims of contra bonos mores investor–State dispute settlement arbitrations should organize a concerted response, jointly refuse implementation and convene an assembly of States parties to modify or terminate investor–State dispute settlement agreements with immediate effect and to revise or terminate application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards when the awards entail human rights violations; (o) States should include in bilateral investment treaties and free trade agreements specific provisions on the legal responsibility of transnational corporations and investors to make reparation for environmental, health and other damage caused by their activities, and strengthen domestic criminal law provisions so as to address personal criminal liability of investors and corporation executives for environmental harm or gross human rights violations. To this end, States should establish a monitoring mechanism to assess investor compliance with human rights; (p) States should invoke Article 96 of the Charter of the United Nations and request the General Assembly to refer pertinent legal questions to the International Court of Justice for advisory opinions. 63. To parliaments: (a) Bearing in mind that in representative democracies parliaments are the trustees of the will of the people, parliamentarians must consult with their constituents, proactively inform and seek the opinion of all sectors of the population, particularly those likely to be affected by international investment agreements. Fast-tracking treaties is incompatible with the democratic process and results in illegitimate treaties; (b) Parliaments must ensure that international investment agreements contain general provisions on their periodic review and amendment, as well as provisions for termination, withdrawal or suspension without unreasonable “survival clauses”; (c) Parliaments must ensure that bilateral investment treaties and free trade agreements advance food security, education, health, sanitation social and economic policies and decide on domestic budgetary and fiscal matters; (d) Parliamentarians should resist the siren call of lobbies for transnational enterprises that make over-optimistic projections of growth and development. Parliamentarians must demand independent economic studies and independent human rights impact assessments; (e) Parliamentarians should resist attempts to privatize essential governmental services, including the provision of safe water and sanitation; (f) Regional parliaments and parliamentary assemblies should address the dangers to human rights of bilateral investment treaties and free trade agreements, including 21

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