Policy Space Investment Agreements
New trade agreements can influence how governments can regulate health both within health systems and in the fight against health protection, health promotion and social determinants in other policy areas. It is essential that health officials understand the impact of these negotiations and trade agreements on the health space at the national and local level. While we know more about the impact of negotiations on intellectual property rights and merchandise trade, this document provides a checklist for less-discussed sectors of domestic regulation, services, investment and public procurement. Since the impact on the basis of the organization and structures of national health systems and policy priorities should be different, the focus is on developing important provisions and how to use exceptions and exclusions to preserve the political space of health. The 2021 Working Group`s report to the UN General Assembly will focus on providing states with practical guidelines for negotiating human rights-compliant IDAMIT, in accordance with undaunted secretaries-general. The report will cover all three pillars: the obligation for states to maintain regulatory space in AI negotiations, in order to strike a balance between attracting investment and promoting responsible trade conduct; The responsibility of investors to respect all internationally recognized human rights; and the role of the IIS in providing remedies to individuals and communities involved in investment-related projects. Principle 9 of the UN Guidelines for the Economy and Human Rights therefore reminds states to “maintain sufficient leeway to fulfil their human rights obligations when pursuing political objectives related to business with other states or companies, for example through investment or investment contracts.” How could states maintain such domestic policy flexibility? Building on the work of UNCTAD and others in this area, the Working Group aims to unpack the impact of Principle 9 on the three pillars of the United Nations Group and to provide states with concrete directions to better deal with the adverse effects of AI on human rights. Keywords: HIA; Health analysis Public order; Trade. In its October 2017 report to the UN General Assembly (A/72/162), the working group stressed that “effective remedies for business-related human rights violations could be sought in various areas… and that the negative effects of … Dispute resolution under trade or investment agreements relating to access to effective remedies within the framework of the United Nations should be managed. The report also recommends that “States conduct a full and transparent assessment of the impact on human rights prior to the conclusion of trade agreements and explicitly enshrine human rights provisions in these agreements, in order to maintain adequate political flexibility to meet their human rights obligations.” Investment agreements or investment chapters in trade agreements (AI) concluded by states – in a bilateral, regional or international environment – can undermine companies` respect for human rights in different ways. In addition to limiting the legal or political leeway available to states to regulate investor behaviour, AI can also undermine the right of the communities concerned to seek effective remedies against investors in the event of project-related human rights violations.
Joint Project on Responsible Business Management in Latin America and the Caribbean A three-way approach was proposed to states in the following blog post: To ensure that IIAs do not result in asymmetric authorisation for investors or unjustified and unsustainable economic development: Fatal Attraction Management