Advancing Responsible Foreign Investment through a Legally Binding Instrument on Transnational Corporations and Other Business Enterprises
By Daniel Uribe Terán
Foreign Direct Investment (FDI) presents a complex dynamic, offering potential economic growth while posing significant risks of human rights abuses and environmental degradation. This policy brief considers that current voluntary frameworks, such as Economic, Social, and Governance (ESG) and voluntary due diligence standards, are insufficient to protect human rights, as they primarily focus on mitigating investor financial risk rather than preventing actual harm. Furthermore, the international investment regime, particularly the Investor-State Dispute Settlement (ISDS) mechanism, systemically undermines States’ sovereign right to regulate in the public interest. ISDS cases often penalise governments for enacting environmental, labour, and human rights protections, creating a “regulatory chill” that prioritises corporate profits over social welfare. The proposed Legally Binding Instrument (LBI) on business and human rights is presented as a necessary response to establish mandatory, enforceable obligations for corporations. This includes robust Human Rights Due Diligence (HRDD) and legal liability mechanisms, thereby rebalancing the system to ensure corporate accountability and align investment with sustainable development goals.
Declaration of the Non-Aligned Movement Labour Ministers
The Ministers of Labour of the Non-Aligned Movement (NAM) reflected on the progress made regarding fundamental labour principles and rights, on the occasion of the centenary of the International Labour Organization (ILO) and in the context of important changes in the world of work. The Declaration of the NAM Labour Ministers adopted during the 108th International Labour Conference in Geneva on 17 June 2019 can be found in the link below.
The concept of Farmers’ Rights recognized the role of farmers as custodians of biodiversity and helped to draw attention to the need to preserve practices that are essential for sustainable agriculture. This paper examines one particular aspect of such rights, perhaps the most controversial. It deals with the component of farmers’ rights referring to the use, exchange and sale of farm-saved seeds. Although that concept was initially introduced in 1989 with the aim of balancing the rights of farmers as breeders and of commercial plant breeders, a specific reference to the rights relating to seeds was only introduced upon the conclusion of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) in 2001.
Automation linked with digital technology is predicted to take over millions of jobs, and developing countries are most susceptible to the disruptive effects.
Gandhi, his writings and his words are as relevant as ever today as when he lived. This is the theme of the Sixth Gandhi Memorial Lecture presented by Gurdial Singh Nijar, a prominent Malaysian lawyer and former law professor, and organised by the Gandhi Memorial Trust, Malaysia. The text of the lecture, which was presented in Kuala Lumpur in October 2016, is published in this policy brief.
Globalization, Export-Led Growth and Inequality: The East Asian Story
Over the last three decades, several East Asian economies have grown by leaps and bounds. The success of their export-led growth model is regarded, and copied, by many emerging economies as a sure path to achieve high-income status. But with impressive growth came worsening inequality both in personal income and functional income distribution. (more…)
Post-2015 Development Agenda and Sustainable Development Goals: Perspectives of the South Centre
Post-2015 Development Agenda and Sustainable Development
The United Nations’ Post-2015 Development Agenda should not simply extend MDGs, or reformulate the goals, but focus instead on global systemic reforms to remove main impediments to development and secure an accommodating international environment for sustainable development. (more…)
Legal Analysis of Services and Investment in the Cariforum-EC EPA: Lessons for other Developing Countries.
This Research Paper is a legal analysis of the EC-Cariforum Services and Investment Chapter. It demystifies the many complex technical details in the EPA text and illustrates where this services and investment template goes beyond the WTO’s GATS. The paper highlights implications for other developing countries embarking on similar negotiations with the EU. (more…)
Analysis of the Draft Interim Trade Sustainability Impact Assessment (TSIA) of the EU-Central America FTA.
Currently, the EU and Central American countries are negotiating the Free Trade Agreement. The European Commission commissioned a Trade Sustainability Impact Assessment (TSIA) which is estimated to be completed by August 2009. On 6 April 2009, the draft interim technical report was published (in English). (more…)
