A/69/299 agreements. Such agreements allow transnational corporations to reduce States’ policy space and have been instrumental in increasing the influence of transnational corporations on States’ ability to institute public health policies. 40 49. International investment agreements are treaties concluded between two or more States that facilitate an enabling economic environment for transnational corporations to invest in host States. They are promoted as tools to boo st domestic economies but may have the effect of overriding States’ sovereignty. In some States, business executives may enter into such agreements and bind States without any discussion among, or the agreement of, elected representatives. In addition, Sta tes may not be able to terminate such agreements without facing economic and financial consequences. Given that the agreements are concluded between States, they do confer no obligations on transnational corporations to respect, protect and fulfil the right to health, allowing corporations to continue profit-making activities even if they are violating individuals’ right to health. 50. The rights to information and to participate in the decision -making process are essential for the enjoyment of the right to health. Those elements of the right to health framework are undermined when international investment agreements are negotiated and concluded in secrecy. Affected communities should be able to participate in negotiations. Making information regarding the negotiations public can allow communities and civil society organizations to pressure States to refrain from signing such agreements or to assist States in asserting themselves during negotiations, which may facilitate the exclusion of provisions that may result in a breach of human rights. 51. The right to access information has been denied to affected communities on the grounds that disclosure of such information may harm the State’s economic interest and should therefore be kept confidential. 41 Disturbingly, the practice of withholding information from stakeholders such as civil society groups has been held to be non-discriminatory, even where the same information was provided to corporations with the justification that corporations have expertise in matt ers relating to free trade agreements. 42 Such inequity in access to information can enable corporations to influence the content of an international investment agreement in their favour. 52. International investment agreements benefit transnational corporat ions as investors because such corporations are granted rights protective of their investments in the host State, such as the right to fair and equitable treatment. Transnational corporations also have the right to initiate disputes before international commercial arbitration tribunals for alleged violations by the host State and for State infringement on the corporation’s profit -making activities or potential profits. States, on the other hand, may be unable to initiate disputes against investors because transnational corporations, as non-signatories, have no obligations under __________________ 40 41 42 14-59014 See Eric Peterson and Kevin Gray, “International human rights in bilateral investment treaties and in investment treaty arbitration”, International Institute for Sustainable Development, 2003. See Central Information Commission (India), D. G. Shah v. Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, 2011. See European Court of Justice, Stichting Corporate Europe Observatory v. European Commission, case T 93/11, judgement of 7 June 2013. 15/22