A/69/299 78. The Special Rapporteur recommends that States review, renegotiate or enter into international investment agreements in an open and transparent manner, with the participation of affected communities and other stakeholders. International investment agreements should include provisions that: (a) Confer human rights obligations on host and home States and investors; (b) Allow host States to modify existing laws, or adopt new laws, to comply with their obligations under the right to health or in times of crisis affecting the entire State; (c) Enable States to initiate disputes when investors do not comply with or violate the right to health. 79. The Special Rapporteur recommends that investor-State settlement systems should be made transparent and be modified to: (a) dispute Ensure that arbitrators are unbiased; (b) Establish arbitrators; a regionally representative, permanent panel of (c) Require the details of a dispute to be published and continuously updated as soon as an investor issues the notice of intent; (d) Ensure that non-parties to disputes have the right to attend arbitration proceedings; (e) Ensure that those who are not party to the dispute, especially affected communities, have a right to make written and oral submissions; (f) Allow arbitration to be conducted in host States to facilitate access to the arbitration by interested parties; (g) Institute a system of review of arbitration awards to reduce arbitrariness. 22/22 14-59014

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