The ISDS chapters are anomaly in that they protect investors, but not for states or the public. They allow investors to sue states, but not the other way around. The adoption in 2014 of the UN Convention on Transparency in Contract-Based Investor-State Arbitration is an important step in resolving the issue of the confidential and non-participatory nature of investor-state agreements. Greater transparency should eliminate the inconsistency between current human rights investment patterns. GENEVA 2 June 2015 – A number of free trade and investment agreements, such as the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), are being negotiated. A group of UN experts issued the following statement expressing concern about the secret nature of the development and negotiation of many of these agreements, as well as the possible negative impacts of these agreements on human rights: all ongoing negotiations on bilateral and multilateral trade and investment agreements should be conducted in a transparent manner. , with consultation and participation of all relevant stakeholders, including trade unions. Consumer associations, environmental groups and health professionals. Following a series of ad hoc trade measures taken by countries in response to the COVID 19 crisis, the UN ESCAP secretariat promptly revised the texts of the Bilateral and Regional Trade Agreements (ATRs) to determine whether they provided guidance on what partners should do to ensure minimal disruption to supply chains in the event of such crises.
As expected, the ATRs contain clauses to allow a waiver from emergency agreements; in most cases, they do not contain provisions that could help deal with trade disruptions in emergency or crisis situations. To fill this gap and support a „better restoration“ after COVID-19, the initiative aims to develop model rules to promote greater trade cooperation and predictability in times of crisis and pandemic – and to accelerate recovery. Given the scope and scope of the agreements under negotiation, strong safeguards are needed to ensure the full protection and enjoyment of human rights. „While trade and investment agreements can create new economic opportunities, we highlight the negative effects that these treaties and agreements can have on the enjoyment of human rights, which are anchored in legally binding instruments, whether civil, cultural, economic, political or social. Our concerns relate to the rights to life, food, water and sanitation, health, housing, education, science and culture, improved labour standards, the independence of the judiciary, the clean environment and the right not to forcibly relocate. Initially, a 45-day political hackathon was organized from June 2020 to enable all interested government, science, think tank, international organization and civil society negotiators to contribute to this ambitious undertaking. All relevant contributions from participants are provided through an online repository under the names of their authors or organizations. (The deadline for applications was May 29, 2020).
A webinar series was organized to discuss the best articles.