A/69/273 15. The identification of applicable rights and appropriate remedies in the debt context will ensure that the claims of adversely affected groups can be considered alongside those of creditors and other stakeholders in formulating a ny debt restructuring or adjustment programme. D. Debt disputes and bilateral investment treaties 16. International investment arbitration is increasingly used to solve disputes between sovereign debtors and their creditors despite the legal gaps and inconsistencies in foreign investment law and institutional weaknesses in the international arbitration system. Nevertheless, given that its application to debt disputes is ultimately a policy choice of the parties to the treaties, and as cases are actually proceeding, it would be useful to explore whether international human rights law has, and should have, a role in this area when dealing with sovereign debt disputes while monitoring the evolution of those arbitration cases. 2 Creditors’ property rights, States’ responsibilities and the fundamental rights of debtors’ populations need to be fairly balanced in every debt dispute forum while adequately dealing with the collective action problems that debt distress brings. E. Lending to States and non-State actors engaged in gross human rights violations 17. While acknowledging the seminal work on sovereign debt and human rights carried out in 1978 by Antonio Cassese for the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights (E/CN.4/Sub.2/412 (vols. I-IV) and Corr.1), the Independent Expert is of the view that more work is needed to better understand whether, and how, to prevent and minimize the risk that private and official financial assistance may be provided to Governments and non-State actors committing gross human rights violations. This work could include quantitative and qualitative academic research on the link between debt and human rights violations, and country studies and recommendations on the use of financial instruments to prevent, halt or minimize gross human rights violations, as well as access to justice in this regard. 18. Transition to peace poses a great political, legal, economic and institutional challenge in terms of holding State and non-State actors accountable for their roles during conflict periods. In those cases in which lenders and other economic actors may have financially contributed to the success of Governments th at grossly violated human rights, transitional justice mechanisms may be adopted and/or adapted to incorporate those financial actors into the quest for truth, justice, memory, reparation and non-repetition. In addition, as there are bound to be arguments for a clean slate after internal conflicts, it is worth tracking and useful to identify best practices or emerging custom in this respect. Contributing to both conceptual discussions and advice to countries going through transitional periods is among the challenges for this mandate. __________________ 2 14-58891 In this context the Special Rapporteur on the right to food presented guiding principles on human rights impact assessments of trade and investment agreements (A/HRC/19/ 59/Add.5) to the Human Rights Council in 2011. 7/12