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Статья

Ensuring the primacy of human rights in trade and investment policies. Study

...[W]hile the number of bilateral investment treaties and free trade agreements has grown over the past decades, their impacts on human rights have not been adequately addressed.  The UN Guiding Principles on Business & Human Rights..deal explicitly with international trade and investment agreements and make clear that States are expected to consistently fulfil their obligation to protect human rights in this context, cautioning States to reserve and maintain adequate policy and regulatory ability to do so...[The author] explore[s] the potential of a future treaty to help overcome the limitations and gaps of reforms within the trade regime and contribute to ensuring the primacy of human rights law over trade and investment law, via provisions addressing three specific areas: first, regulating the relationship between human rights and trade and investment agreements; second, human rights impact assessments; and third, human rights obligations for export credit and investment guarantee schemes...[T]he international regime of trade and investment agreements is currently suffering from a significant legitimacy crisis, which should be considered as a window of opportunity for the introduction of new legal approaches to address the relationship between human rights and investment and trade policies...