shemberg

About Andrea Shemberg

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So far Andrea Shemberg has created 21 entries.
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    LSE Investment & Human Rights Project and Business and Human Rights Resource Centre to host expert meeting on investment and human rights

LSE Investment & Human Rights Project and Business and Human Rights Resource Centre to host expert meeting on investment and human rights

On 19 October 2016 the IHR Project and the Business and Human Rights Resource Centre will host an expert meeting on investment and human rights. A group of human rights practitioners, investment specialists and academics from across the globe will gather at the LSE to discuss what international human rights law and policy can offer to current reform efforts regarding international investment.

During the last several years, international investment agreements, like the Transatlantic Trade and Investment Partnership  (TTIP) being negotiated between Europe and the United States or the Transpacific Trade Partnership Agreement (TPPA) deal between the United States and  11 other countries have proven very controversial. Protests across Europe (embed link), in the United States, Latin America, Asia and Africa have expressed fears that such investment agreements do not create benefits for people, but instead benefit only large corporate interests to the detriment of human rights and democratic institutions.

Discussion about reforming these investment agreements to address some of the fears expressed across the world have begun. But the question remains whether the reform efforts, as they are being framed, will be sufficient to ensure that international investment will not infringe on people’s rights and will enhance the enjoyment of human rights such as access to an adequate standard of living, food, water, medical care and education.

The 19 October invitation-only meeting will look at whether a human rights perspective could help to ensure that reform efforts hit the mark. It will also address what research is needed to bring human rights to play meaningfully into the discussions about international investment reform and what role human rights advocates could play. A short note will be published on the Hub to provide the IHR Project’s reflections from the […]

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    IHRP to present new Guide on UNGPs and investment policymaking during UNCTAD multi-year expert meeting

IHRP to present new Guide on UNGPs and investment policymaking during UNCTAD multi-year expert meeting

On 16 March 2016 the Office of the UN High Commissioner for Human Rights is organising a special lunchtime session during the UNCTAD Multi-year Experts Meeting on Investment, Innovation and Entrepreneurship for Productive Capacity-building and Sustainable Development to launch the IHRP Guide on Implementing the UNGPs in Investment Policymaking. This event is a key opportunity for the IHRP to present the Guide and to engage with experts and State representatives about the UNGPs as they consider investment policy reforms at domestic, regional and multilateral levels.  The panel speakers will include Lene Wendland, Adviser on Business and Human Rights OHCHR; Andrea Saldarriaga, Co-lead IHRP and Joshua Curtis, School of Law and Social Justice, University of Liverpool. The full event information is available at the link below.

OHCHR event information: IHRP Guide on UNGPs and Investment Policymaking

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    New Guide to Implementing the UNGPs in Investment Policymaking available

New Guide to Implementing the UNGPs in Investment Policymaking available

The LSE IHRP has released its Guide to Implementing the UN Guiding Principles in Investment Policymaking. The web versions are now available in English, Spanish and Bahasa Indonesia.

Guide in English, PDF, 1MB

Guide in Spanish, PDF, 1MB

Guide in Bahasa Indonesia, PDF, 1MB

This Guide:

Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
Highlights why investment policymaking should be a priority area for UNGP implementation.
Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.
Is intended for government officials who are involved in all stages of investment policymaking and for those
 leading the implementation of the UNGPs; it is also intended for use by civil society, business enterprises and
 other stakeholders who can contribute to improving the ability of States to protect human rights in the context 
of investment.

IHRP work on the UNGPs and Investment Policymaking:

This Guide is one outcome of a larger IHRP research and capacity building project on the implementation of the UNGPs in investment policymaking. In late 2015, the IHRP hosted workshops and dialogues in Colombia and Indonesia. The in-country work was aimed at providing recommendations for integrating investment policymaking in the respective National Action Plans on business and human rights (NAPs). The work was coordinated with the officials in each country leading on the development and implementation of the NAPs. Each workshop explored how the UNGPs apply to investment policymaking, and what this implies in […]

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    Opinion piece: India tries, and fails, to strengthen sovereignty and human rights in international investment law

Opinion piece: India tries, and fails, to strengthen sovereignty and human rights in international investment law

In late December 2015 the Indian government released the final text of its new Model Bilateral Investment Treaty (BIT). A draft text had been released in March 2015 and opened to public consultation. Going forward, India will try to use this new Model as a basis for its BIT negotiations with other States.  This opinion piece argues that the final text represents a missed opportunity. It reflects the standard features of BITs as we know them today and has removed important features that would have reinforced India’s sovereignty and the protection of human rights.

 

Read the opinion piece here.

IHRP report back from workshop and dialogue in Indonesia

On 14 December 2015 the Investment & Human Rights Project (IHRP) issued its report back to Komnas HAM (the Indonesian Commission on Human Rights) on the workshop and dialogue held in November 2015 on how to integrate investment policymaking in its National Action Plan on Business and Human Rights (NAP). This report is part of the IHRP’s work to support the implementation of the UN Guiding Principles on Business and Human Rights State duty to protect and improve guidance available to States on foreign direct investment and investment policy in the development of NAPs. Read more about this process and the report here.

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    The IHRP issues recommendations on investment for the Colombian National Action Plan

The IHRP issues recommendations on investment for the Colombian National Action Plan

On 26 November Investment & Human Rights Project (IHRP) issued its recommendations to the government of Colombia to address investment policy in its National Action Plan on Business and Human Rights (NAP). The recommendations are part of the IHRP’s work to support the implementation of the UN Guiding Principles on Business and Human Rights State duty to protect and improve guidance available to States on foreign direct investment and investment policy in the development of NAPs. Read more about this process and the recommendations here.

LSE Professor and IHR Project Correspondent on rethinking international investment agreements

LSE Associate Professor of Law Jan Kleinheisterkamp and IHR Project Correspondent Jonathan Bonnitcha have created two thought-provoking videos for the recently launched video channel “New Thinking on Investment Treaties” — organised jointly by the Columbia Center on Sustainable Investment at Columbia University and the Global Economic Governance Programme at Oxford University. Professor Kleinheisterkamp discusses a key policy issue for governments – whether investment treaties, as we know them today, provide greater protections to foreign investors than those enjoyed by domestic investors. He then relates this to the context of the Transatlantic Trade and Investment Partnership (TTIP) negotiations now continuing between the European Union and the United States. Jonathan Bonnitcha discusses whether there is an economic and legal rationale behind international investment treaties as fashioned today and calls into question the policy discourse around ‘balancing investor protection with the State’s right to regulate’.

These discussions are a great contribution to the ongoing debate around investment treaties and Investor-State Dispute Settlement (ISDS), and they provide useful elements for thinking about human rights and investment. For example, they address the potential for treaties to place undue restrictions on a States’ ability to meet their duty to protect human rights as well as the availability of monetary compensation provided to investors under ISDS without exhaustion of local remedies.

The videos can be viewed here. New videos will be offered periodically on the Channel.

 

Photo credit: Global Justice Now 2014

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    Achieving global rules on social impacts for export credit agencies

Achieving global rules on social impacts for export credit agencies

 

On 10 December 2014, the Global Policy’s eBook published the article “Achieving Global Rules on Social Impacts for Export Credit Agencies” written by the IHR Project co-leads, Andrea Shemberg and Andrea Saldarriaga.

The article argues that harmonisation of environmental and social standards for the operation of Export Credit Agencies (ECAs) has emerged as an urgent priority to be addressed. Harmonisation can help prevent a race-to-the-bottom on key societal issues among ECAs globally and will help avoid a shadow being cast on their public policy role that can threaten to erode the rationale for their own existence.

The authors formulate a series of policy recommendations including a call on the countries that have supported the development and dissemination of the United Nations Guiding Principles on Business and Human Rights to drive the inclusion of such standards in the context of ECAs. They also suggest that the ongoing work of the International Working Group on export credits may be an opportunity to initiate this discussion.

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    Human Rights and Investment Policymaking: Relevance and Integration, a summary of UNCTAD World Investment Forum discussions

Human Rights and Investment Policymaking: Relevance and Integration, a summary of UNCTAD World Investment Forum discussions

For the first time in its history, the UNCTAD World Investment Forum hosted panel discussions on Human Rights and Investment Policymaking at its October 2014 event. These panel discussions, designed and moderated by the LSE Investment & Human Rights Project, offered a scoping of the key issues in this area and aired the perspectives of a wide range of practitioners. Panelists represented views from government, the international arbitration practice, the private sector business community, civil society, international institutions and academia. One key outcome of the panels is that much more work needs to be done to build understanding around how investment impacts people and their rights.  This IHR Project background and summary captures the important discussions.

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    Expert Article on transparency in investment treaty arbitration and the UN Guiding Principles on Business and Human Rights

Expert Article on transparency in investment treaty arbitration and the UN Guiding Principles on Business and Human Rights

Our expert article by Julia Salasky of UNCITRAL explores the intersection between UNCITRAL’s work on transparency and the UN Guiding Principles on Business and Human Rights (UNGPs). The new UNCITRAL Rules and Convention on transparency offer States the opportunity to make investment arbitration more open and accessible to the public.  States that take this opportunity make an important move towards bringing their investment policy in line with commitments reflected in the UNGPs.