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They should protect human rights and promote the environment to achieve sustainable development. They insisted that the meeting had taken place recently
. its implications for EAC.
He also discussed the importance of conducting productive research and evaluating the financing of global systems before embarking on projects. Mr. Burghard Ilge, a policy officer from a Dutch environmental organization, Both Ends, argues that "the current generation of IIS [international investment agreements] has also failed to address the unequal balance of rights and responsibilities between foreign investors and host governments ". [19659007Individualforeigninvestorsenjoyedmanylegalrightswithouthavingtoworryaboutthecorrespondingresponsibilities
"This fact is explained by the fact that 60% of investors in dispute settlement claims are brought against developing countries." The Executive Director of the Institute Information and Trade Negotiations in Eastern and Southern Africa, Mr. Nathan Irumba, spoke of unequal treaties that only consider rights and not obligations. for investors and ignoring the national legal system.
"Most treaties are unfair as they do" Mr. Arnold Kwesi of the Uganda Consortium on Cooperate Accountability stated that most bilateral investment treaties (BITs) and IIAs do not consider human rights the man in such a way that there were no social rights. "How do you negotiate with the community that you do not have any information about it or that the information is only on one side, especially investors? Will the treaty be sustainable if you spend a lot of money when you have not involved the communities? "
Haki Madini Tanzania Executive Director, Amani Mhinda, said communities should be educated on how to benefit from projects. John Bosco Kanyangoga, a Rwandan consultant, said Africans need direct foreign investment, but it should be done in a sound and sustainable way.
"Issues such as technology transfer and tax mechanisms need to be implemented Mr. Jared Maranga of Tax Justice Network Africa in Burundi emphasized that community consultations are a necessity.
" Governments They should propose strategies that will benefit both parties – investors and locals. Government agencies need to connect people with investors. Policies and laws should be amended to protect investors and individuals undertaking projects. Land issues are extremely critical in many areas. Land is not just a commodity that an investor can buy because it has a different meaning in African societies like cultural and social heritage. "
Mr. Ilge said that the first obvious option was to let the parties decide for themselves the many fundamental obligations in the area of human rights, labor rights, the environment, and the environment. fight against corruption that they want to include in the BIT
"Any obligation imposed on companies should be the subject of negotiations between the parties. This is not the most appropriate approach, as such negotiations would probably take a long time and raise many controversial issues, "he said.
Furthermore, negotiation inevitably involves trade-offs that may not be effective For all these reasons, countries are likely to be reluctant to embark on such an uncertain journey.
The Investor-State Dispute Settlement Section of the Treaty should also contain a provision specifying specifically how the obligations of
The provision must make it clear that an arbitral tribunal is competent to hear allegations of human rights violations by corporations.
The establishment of 39; a regime of direct obligations under a BIT without mechanism totally ineffective rights, it would in fact, as one author says, "do not improve the human rig
An option on a case of human rights violation, the respondent state should be allowed to raise such allegations during the arbitral proceedings. This is the compensation of damage or the option of attenuation. A court should therefore consider these allegations when it renders its decision on the merits of the dispute.
Under the counterclaim option, a plaintiff investor would be allowed to make a claim, even in the event of a human rights violation, Mr. Irumba insisted on the need for a claim. international debate on how to reshape the international policy framework and investment rules to ensure that they effectively support international agreements. ambition of inclusive and sustainable development for all by 2030.
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