THE RIGHT AND DUTY TO REGULATE IN THE CONTEXT OF MEGA-INFRASTRUCTURE INVESTMENT

26 OCT 2018
08:30-10:00
ROOM XXV

THE RIGHT AND DUTY TO REGULATE IN THE CONTEXT OF MEGA-INFRASTRUCTURE INVESTMENT

Infrastructure investment is vital for the realization of many, if not most, internationally recognized human rights. However, if poorly conceived, designed or implemented, infrastructure investments may carry significant social, fiscal and environmental risks. The purpose of this break-out session organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Heinrich Böll Foundation is to address the risk for IIAs and investor-State contracts to constrain contracting authorities’ policy space and right to regulate in the public interest.

The experts in the panel will speak about the key dimensions of the “right to regulate” in international investment law as it pertains to mega-infrastructure investment, laying the ground for an open discussion on potential reform options in international investment policy.

Issues for debate:

  • Entry points for human rights due diligence, framed by the UN Guiding Principles on Business and Human Rights and UN Principles for Responsible investor-State contracts
  • Amending IIAs to include investors’ responsibilities to respect international human rights and environmental law
  • Rebalancing investors’ rights and human rights in investor-State contracts

SPEAKERS

Mr. David Gaukrodger

Senior Legal Adviser, Organisation for Economic Co-operation and Development (OECD)

Ms. Kate Gilmore

UN Deputy High Commissioner for Human Rights, Office of the High Commissioner for Human Rights (OHCHR)

Ms. Motoko Aizawa

Coordinator, The Observatory for Sustainable Infrastructure

Ms. Andrea Shemberg

Co-Chair, Global Business Initiative on Human Rights

Ms. Brooke Skartvedt Guven

Legal Researcher, Columbia Center on Sustainable Investment

Ms. Kekeletso Mashigo

Director: Legal, International Trade and Investment, Trade Negotiations Unit, International Trade & Economic Development Division, Department of Trade and Industry, South Africa

ORGANIZERS

The break-out session is organized under the sole responsibility of the above-mentioned organizers. The UNCTAD secretariat is not responsible for the content of the discussions or for the material provided during the break-out session.