Summary

In the present report, the Working Group on the issue of human rights and transnational corporations and other business enterprises discusses the implications of principle 9 of the Guiding Principles on Business and Human Rights for States in negotiating new international investment agreements or reforming old agreements. Most existing international investment agreements reflect an imbalance between rights and obligations of investors, which can have the unintended effect of facilitating irresponsible investor conduct or making it challenging for States to regulate such conduct. The Working Group therefore recommends that States ensure that all existing and future investment agreements are compatible with their international human rights obligations. States should also invoke international investment agreements to encourage responsible business conduct on the part of investors and hold them accountable for abusing internationally recognized human rights.