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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