IFC & John Ruggie release draft paper on foreign direct investment agreements & human rights

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Article
11 March 2008

[DOC] IFC & John Ruggie release consultation draft of paper on foreign direct investment agreements & human rights

Author: International Finance Corporation (IFC) and UN Secretary-General’s Special Representative on Business and Human Rights, Prof John Ruggie

[Information on formal consultation will be posted at this site in the coming weeks. Informal feedback is also welcome and should be directed to the author, Andrea Shemberg, at: [email protected]]. "The study found that stabilization clauses are sometimes drafted so as to insulate investors from having to implement new environmental and social laws, or to provide investors with an opportunity to be compensated for compliance with such laws…

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Article
11 March 2008

[PDF] Stabilization Clauses and Human Rights

Author: Andrea Shemberg, commissioned by IFC and UN Special Representative on business & human rights, John Ruggie

The purpose of this study was to examine whether stabilization clauses, a widely used risk-management device in investment contracts, may affect a state’s action to implement its international human rights obligations…The study used social and environmental laws (such as nondiscrimination, health and safety, labor and employment rights, and the protection of the environment and cultural heritage) as a surrogate for human rights obligations, because these domestic laws are some of the most common means of implementing international human rights obligations in regulating business activity. [refers to BP, Arcelor Mittal, Markerings-Compagniet, Methanex]

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