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Article

28 Feb 2014

Author:
Nadia Bernaz (Middlesex University), Rights as Usual

Multilateral Agreement on Investment: Time to Awaken the Beast? – A contribution to the “Business and Human Rights Treaty” Debate

Ecuador together with a group of states asked the UN Human Rights Council to consider drafting a binding business and human rights treaty...Given the complexity of the subject and the lack of consensus around many of its aspects, perhaps the way forward is not to shut the door to the very idea of a treaty, but to pursue a less ambitious goal. With this in mind, I suggest we focus our efforts on the international investment legal framework...[I]t may be time to awaken the beast...and to re-open negotiations for a Multilateral Agreement on Investment, which would include both home and host state duties to protect human rights, the corporate duty to respect human rights and the principle that victims should have access to remedies in host or home states...[I]t would set the discussions on a “binding business and human rights treaty” within a clear, relatively self-contained framework.