Ensuring the Primacy of Human Rights in Trade and Investment Policies: Model Clauses for a UN Treaty on transnational corporations, other businesses and human rights
(2017)Abstract
Krajewski first reviews potential areas of conflict between State obligations under current trade and investment agreements on the one hand, and obligations under international human rights law on the other, illustrated by actual examples. The study then looks at the different options under consideration for instruments and mechanisms within the trade and investment regime to avoid limitations of States’ regulatory spaces to respect, protect, and fulfil human rights.
Krajewski observes that the non-binding Guiding Principles have so far not moved States to fundamentally change their practices concerning trade and investment agreements, concluding that this approach is not sufficient. He therefore goes on to explore the potential of a future treaty to help overcome the limitations and gaps of reforms within the trade regime and contribute to ensuring the primacy of human rights law over trade and investment law, via provisions addressing three specific areas: first, regulating the relationship between human rights and trade and investment agreements; second, human rights impact assessments; and third, human rights obligations for export credit and investment guarantee schemes.