Day 4 of UN Treaty negotiations: Cross-border cooperation, ISDS, and institutional arrangements

Author: ECCJ, Belgium , Published on: 18 October 2019

The fourth day of UN Treaty negotiations kicked off with a discussion on Article 10 on “Mutual Legal Assistance”, whose provisions are designed to facilitate efficient resolution of cross-border cases between states...

Professor Surya Deva of the UN Working Group on BHR explained how the lack of effectivemutual legal assistance is a massive factor in corporate impunity, and that a claim against a corporation should, amongst others things, enable claimants to obtain information, documentation and evidence from the home country where the company is based...

Provisions establishing the recognition of foreign judgements (Article 10.9) were subject to some controversy on the basis of state sovereignty...However, there are exceptions in the provisions for when there has been a clear breach of due process nonetheless the delegate maintained these grounds were far too narrow...

The second session of the day concerned matters of Institutional Arrangements(Article13), namely the establishment of a Treaty over-sight 'Committee', 'Conference of State Parties' and an international fund for victims designed to cover their legal fees not for compensation...

 

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