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

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