Remedies for Investment-Related Harms
‘Remedy for investment-related harms’ refers to both the State duty to protect human rights and the business responsibility to respect human rights in the context of investment. For States, international human rights law imposes the duty to take appropriate steps to ensure that when people in their territory and/or jurisdiction suffer adverse human rights impacts by third parties, including business enterprises, they have access to effective remedy. Business enterprises should also provide for or cooperate in legitimate processes to provide remediation of adverse human rights impacts that they have caused or to which they have contributed.
The rules, structures and processes that facilitate, support and protect investment may pose challenges to – and also provide opportunities for – improving access to remedy for individuals who have suffered human rights harms in the context of investment. Key areas of inquiry to identify these challenges and opportunities include the complexity of business forms and relationships, the involvement of international lenders and insurers, and the availability of international dispute resolution mechanisms for investment disputes.
The Learning Hub’s work on access to remedy will invite reflection on opportunities to improve and ensure access to remedy in the context of investment.
Start exploring the resources already available in the Learning Hub while work in this area is developing. The Investment & Human Rights Map provides tailored explanations of investment activities, human rights and their connections in each of the main areas:
- Understanding Human Rights
- Regulating Investment
- Resolving Investment Dispute
- Financing Investment
- Designing Investment Strategies
- Toolboxes offering a dynamic repository of selected reference materials for practice, while drawing attention to emerging issues;
- Expert articles offering analysis and insights from practitioners and leading experts on investment and human rights, highlighting key issues for practice; and
- Learning videos offering basic explanations of essential topics and providing expert views on investment and human rights issues.