LSE - Laboratory for Advanced Research on the Global Economy - Investment & Human Rights Project

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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.

By |12/01/2016|Uncategorized, What's New|0 Comments|
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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.

By |1/12/2015|In Focus, What's New|0 Comments|
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IHRP heading to Colombia and Indonesia for workshops on investment and human rights

The Investment & Human Rights Project (IHRP) is gearing up for its two-country pilot project on investment and human rights. On October 27 and 28 the IHRP will hold a workshop and stakeholder dialogues in Bogota, Colombia and then will host similar events on November 10 and 11 in Jakarta, Indonesia. These events are part of the IHRP’s work to push forward State implementation of the UN Guiding Principles on Business and Human Right (UNGPs). The events will engage a range of stakeholders to discuss the practical implementation of the UNGPs in investment policy in both countries. These events are timely because they will contribute to current efforts in both countries to develop National Action Plans (NAPs) for State implementation of the UNGPs.

Project Overview

In April 2015 the IHRP was awarded a project grant from the UK Foreign and Commonwealth Office as part of its Human Rights and Democracy Programme. Since then, the IHRP has been hard at work implementing the Project, which will culminate in February 2016.

The Project aims to contribute to current efforts to improve the implementation of the UNGPs State Duty to Protect (DtP) and improve guidance available to States regarding the development of their NAPs. The Project focuses on the implementation of the DtP in the context of investment policymaking.

Specifically, the Project will offer two main outputs of general interest. First, it will result in a handbook published in English, Spanish and Indonesian to provide practical guidance to States regarding how to implement their DtP under the UNGPs in the area of investment policy. The handbook will consider the State role regarding the promotion, facilitation and regulation of foreign investment pinpointing key human rights issues that also relate to investment law […]

By |14/09/2015|What's New|0 Comments|
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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

By |6/08/2015|What's New|0 Comments|
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The need to construct a European investment policy reflective of Europe’s values

Does Europe need a new investment policy? What should be the underlying values and objectives of that policy? On 19 June 2015 Andrea Saldarriaga, co-lead of the Investment & Human Rights Project, addressed these questions at a seminar organised by the Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA) on the “Treatment of EU investors in the Single Market”. Her remarks pointed to the need to construct a European investment policy reflective of Europe’s values of transparency, democracy and respect for human rights.

Read her remarks

By |2/07/2015|What's New|0 Comments|
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IIAs and ISDS: achieving meaningful reform

On the occasion of the IHR Project’s participation in the UNCTAD Expert Meeting on  “The Transformation of the International Investment Agreement Regime” in Geneva on 25-27 February, Andrea Saldarriaga and Andrea Shemberg put together this think piece on reform.  This piece argues that IIAs and ISDS reform should address the current failure of global governance structures to ensure that international investment supports environmental, social and economic goals, while reinforcing principles of good governance.
Read the article

By |3/03/2015|Uncategorized, What's New|0 Comments|
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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.

By |22/12/2014|Uncategorized, What's New|0 Comments|
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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.

By |28/10/2014|In Focus, What's New|0 Comments|
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    October 17 seminar “Balancing Human Rights and Investor Protection: Kyrgyzstan’s gold mining sector”

October 17 seminar “Balancing Human Rights and Investor Protection: Kyrgyzstan’s gold mining sector”

On 17 October the IHR Project will welcome Dr. Begaiym Esenkulova, Assistant professor of law at the American University of Central Asia in Kyrgyzstan to present her research on Kyrgyzstan’s gold mining sector and human rights. Dr. Esenkulova will discuss the potential for Kyrgyzstan’s investment policy to align protections for human rights and protections for investors. The presentation will be based on Dr. Esenkulova’s analysis of the legislation and regulations of Kyrgyzstan, the country’s international law obligations (including bilateral and multilateral investment treaties and agreements) investment contracts and relevant ‘soft’ law.

Andrea Saldarriaga, co-lead of the Investment & Human Rights Project in the Centre for the Study of Human Rights’ Laboratory for Advanced Research on the Global Economy, will chair the discussion.

The seminar will be held from 1-2pm at 32 Lincoln’s Inn Fields on the LSE campus in London. The event is open to all, but audience members coming from outside LSE are required to register in advance by email as access to 32 Lincoln’s Inn Fields is restricted.

 

By |9/10/2014|What's New|0 Comments|
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    Panel discussions on Investment & Human Rights at the World Investment Forum

Panel discussions on Investment & Human Rights at the World Investment Forum

For the first time on 15 October 2014 the World Investment Forum (WIF) will host an official set of panel discussions on Investment & Human Rights. The WIF is the high-level, biennial, multi-stakeholder assembling hosted by the United Nations Conference on Trade and Development (UNCTAD) that aims to facilitate dialogue and action on the world’s key emerging investment-related challenges and that seeks to promote investment flows that contribute to sustainable and inclusive development.

The Investment & Human Rights panels, jointly organised by the Office of the High Commissioner for Human Rights (OHCHR) and UNCTAD, and supported and moderated by the London School of Economics and Political Science (LSE) Investment & Human Rights Project, will focus on the relevance of human rights for investment policymaking, and will explore examples of good practice from a number of States in Asia, Africa and elsewhere.

The panels will welcome high-level participants from a wide range of geographies and professional perspectives including government, the private sector, the international arbitration community, civil society, academia and international institutions. Some of the panelists include: Niki Krugger Chief Director Trade Negotiations, Department of Trade and Industry from South Africa; Toby Laundau QC and international arbitrator; Lorenzo Cotula of the International Institute for Environment and Development; Valerio Bosco of the African Minerals Development Center/UNECA; Keith Myers Director, Richmond Energy Partners and Begaiym Esenkulova of the American University of Central Asia, Kyrgyz Republic.

The aim of the panel is to help WIF attendees build their understanding of how human rights can be relevant to investment policymaking, including the negotiation and drafting of international investment treaties, State-investor contracts and the design of domestic laws and regulations and to gather some concrete examples of what some States are now doing […]

By |8/10/2014|What's New|0 Comments|
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