Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 13c
Paragraph- Paragraph text
- [International investment agreements seek to provide substantive rights to investors that protect against expropriatory, unfair and discriminatory conduct by States hosting investment projects. While there is some variety among the agreements, international investment agreements often take a fairly standard format and many countries have model bilateral investment treaties that they use as a basis for negotiating such agreements. The standard terms within investment and free trade agreements include provisions relating to stabilization, expropriation, fair and equitable treatment and non-discriminatory:] Fair and equitable treatment clauses are a core part of investment agreements. They are broad provisions that have been interpreted to compel States to act "consistently, transparently, reasonably, without ambiguity, arbitrariness or discrimination, in an even-handed manner, to ensure due process in decision-making and respect investors' legitimate expectations". Fair and equal treatment clauses have, for example, been used to challenge taxation increases and Government attempts to regulate harmful products such as tobacco (see A/HRC30/44, paras. 25-27);
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Indigenous Peoples, Report to the UNGA (2015), A/70/301, para. 13c.
- Paragraph number
- 13c
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