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    Expert Article on OECD report looking at the interaction between human rights and international investment law

Expert Article on OECD report looking at the interaction between human rights and international investment law

The article by Kathryn Gordon, Joachim Pohl and Marie Bouchard presents the findings of the recent OECD report “Investment Treaty Law, Sustainable Development and Responsible Business Conduct: A Fact-Finding Survey”. The report provides a starting point for looking at the interaction between human rights law and international investment law by generating internationally comparable information on how human rights concerns and related issues are referred to in investment treaty texts and arbitration decisions based on those treaties. By providing an initial indication of this interaction, the report invites further investigation of how a range of interests not strictly construed from the text of treaties – including human rights – are being addressed or not in Investor-State Dispute Settlement.

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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.

Expert Article on Human Rights Clauses for Commercial Contracts

As Antony Crockett, Senior Associate with Herbert Smith Freehills, describes in this expert article, business enterprises are now under increased pressure to ensure that human rights are respected throughout their operations. The pressure comes in part from the 2011 endorsement of the United Nations Guiding Principles on Business and Human Rights, related revisions to key international standards, some domestic reforms and revised lending standards regarding human rights. As a result, one strategy companies are considering is the integration of human rights requirements into their commercial agreements to help demonstrate their expectations of business partners and to help hold business partners to improved standards of performance. This new exclusive expert article written for the Investment & Human Rights Learning Hub explores this strategy and its implications.

IHR Project interviews Toby Landau QC

Andrea Saldarriaga, Lead of the LSE Investment & Human Rights Project, interviews Toby Landau QC, arbitration practitioner and barrister from Essex Court Chambers, on the relationship between arbitration and human rights. In his interview, Toby reflects on how human rights issues are relevant to investment arbitration, how these issues are being raised and handled in arbitration proceedings and what challenges this poses for arbitration practitioners and the protection of human rights. This is the first of the Project’s learning videos on arbitration and human rights.

Investment and Human Rights Learning Hub launched

On April 10, 2014 the Investment & Human Rights project has launched the new Learning Hub. Explore the connections between investment and human rights, find relevant resources in the toolboxes, watch a learning video or read an expert article on a range of investment and human rights themes. This video introduces the project. Explore the Learning Hub and let us know the issues important to you.


UN OHCHR Self-Study on the Principles of Responsible Contracts

The Office of the UN High Commissioner for Human Rights has released a multimedia self-study on the UN Principles for Responsible Contracts: Integrating the management of human rights risks into State-investor contract negotiations – Guidance for negotiators.

The training is available in movie format, Powerpoint slides with audio for Powerpoint 2010 and 2011 users, or PDF slides with transcript for users without Powerpoint capability or low bandwidth. All of the OHCHR training resources on the Principles for Responsible Contracts and the supporting documentation are now available free online here.

Watch the trailer above for further information.

UNCITRAL new transparency rules entered into force April 1

The new UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration entered into force on 1 April, 2014.

The new Transparency Rules require public access to documents produced during treaty-based investor-State arbitrations brought under the UNCITRAL Arbitration Rules, as well as public access to arbitral hearings and the ability for third parties to make submissions, with certain exceptions. The Transparency Rules apply to investor-State arbitration initiated under the UNCITRAL Arbitration Rules pursuant to a treaty providing for the protection of investments or investors concluded on or after 1 April 2014, unless the parties agree otherwise. 

Parties may also agree to apply the Transparency Rules in other situations, for example in a treaty-based arbitration under the Stockholm Chamber of Commerce (‘SCC’) Rules.

Learn more about transparency in investment arbitration in the Arbitration toolbox.