A/69/299 68. Open arbitration conducted by unbiased arbitrators together with limited review will reduce the arbitrariness that has rendered proceedings illegitimate and awards suspect. States should also have the right to initiate disputes against investors that violate the right to health of individuals. 69. Arbitrators’ discretion in allowing non-disputing parties to make submissions should be replaced by the right of affected communities to make written and oral submissions. 70. The Special Rapporteur is pleased to note that some States are already challenging the inequities of the current investor-State dispute settlement regime. For example, Ecuador amended its Constitution to prohibit entry into instruments that waive its sovereign jurisdiction in the arbitration of disputes with private indiv iduals or corporations. Consequently, the country withdrew from the Convention on the Settlement of Disputes between States and Nationals of Other States, followed by the Plurinational State of Bolivia and the Bolivarian Republic of Venezuela .67 VI. Conclusion and recommendations 71. There is a need to further clarify the issues of justiciability, progressive realization and enforcement of the right to health. This will help in highlighting the important role of the right to health in the individual’s ability to live with dignity. It will also facilitate better planning and implementation of health related policies. In the context of the current political and economic climate dominated by transnational corporations, steps should be taken to ensure that there are binding legal human rights obligations on transnational corporations towards individuals. 72. The Special Rapporteur recommends that States ensure the domestic justiciability of the right to health, including the obligations to respect, protect and fulfil the right to health of individuals. 73. To ensure effective enforcement of the right to health in domestic jurisdictions, the Special Rapporteur makes the following recommendations: (a) Specific directions for implementing court judgements and orders that respect, protect and fulfil the right to health should be issued to the relevant authorities; (b) States should ensure that court judgements on the right to health are fully implemented, in the same way as any other judicial order that promotes rights; (c) Judgements and orders should be implemented participation of affected communities and other stakeholders; with the (d) Systems of monitoring the implementation of health-related orders should be created, allowing for continuous oversight by adjudicatory bodies, community and civil society organizations and other stakeholders; (e) Administrative remedies should allow for an adjudicator to review alleged violations of the right to health. __________________ 67 20/22 http://unctad.org/en/Docs/webdiaeia20106_en.pdf. 14-59014