Politics and Government

The brazilian CFIA model as a mechanism for enhancing protection and respect for socio-economic rights

By Marina Martins Martes

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Length10h 40m

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This research evaluates whether the new model of investment agreement developed by Brazil (CFIA) is a mechanism for enhancing protection and respect for social and economic rights. The research starts by exploring the origins of investment treaties, their development and main characteristics. It examines why investment treaties and socio-economic rights are related, by mapping cases in which investment treaties have already impaired the protection of such rights. The research then analyzes how these two issues shall be jointly handled. It considers international organizations? initiatives to regulate business and human rights and investment treaties? frameworks that foster sustainable development, as well as new investment agreements? models developed by different countries, and then suggests criteria for evaluating whether an investment treaty is adequate from the socio-economic rights standpoint. Finally, this research investigates the CFIA model, brings a brief historical overview, evaluates CFIAs? wording, and examines how some CFIAs? institutional mechanisms consider corporate social responsibility issues. In conclusion, this research asserts that the CFIA model can be a mechanism for enhancing protection and respect for socio-economic rights, but some concerns (particularly related to safeguarding States? regulatory space and providing for stronger obligations to investors and States to protect human rights) need to be addressed.

Audiobook details

GenrePolitics and Government

Length10 hrs 40 mins

Narrated byListen with 1,000+ voices

FormateBook with Audio

Publish dateSep 28, 2023

LanguageEnglish

1AGRADECIMENTOS

2PRELIMINARY NOTES ON METHODOLOGY

31. METHODOLOGICAL CUTTINGS

42. RESEARCH METHODS: 2.1. CASE ANALYSIS

52.2. CFIA MODEL EVALUATION

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62.3. INTERVIEWS

7INTRODUCTION

81. THE PURPOSE OF INVESTMENT AGREEMENTS

91.1. A BRIEF HISTORICAL OVERVIEW OF FOREIGN INVESTMENT LAW

101.2. INVESTMENT AGREEMENTS’ MOST COMMON PROVISIONS

111.2.1. EXPROPRIATION

121.2.2. NATIONAL TREATMENT

131.2.3. MOST FAVORED NATION

141.2.4. FAIR AND EQUITABLE TREATMENT (FET)

151.2.5. FULL PROTECTION AND SECURITY (FPS)

161.2.6. UMBRELLA CLAUSE

171.2.7. DISPUTE SETTLEMENT

181.2.8. EMERGENCY, NECESSITY AND PUBLIC ORDER

191.3. WHAT IS THE PURPOSE OF INVESTMENT AGREEMENTS?

202. THE RELATION BETWEEN SOCIO-ECONOMIC RIGHTS AND INVESTMENT AGREEMENTS

212.1. WHAT ARE SOCIAL AND ECONOMIC RIGHTS?

222.2. HOW FDI MAY AFFECT SOCIO-ECONOMIC RIGHTS?

232.2.1. REVIEW OF THE RELEVANT LITERATURE

242.2.2. CASE ANALYSIS

252.2.2.1 PHILIP MORRIS V. URUGUAY

262.2.2.2. BEAR CREEK MINING V. PERU

272.2.2.2. COPPER MESA V. ECUADOR

282.2.2.3. CRYSTALLEX V. VENEZUELA

292.2.2.4. GOLD RESERVE V. VENEZUELA

302.2.2.5. TECMED V. MEXICO

312.2.2.6. ARGENTINIAN CASES ON WATER SECTOR

322.2.2.7. ARGENTINIAN CASES ON ELECTRICITY SECTOR

332.2.2.8. ARGENTINIAN CASES ON GAS SECTOR

342.2.2.9. URBASER V. ARGENTINA

352.2.2.10. PRELIMINARY CONCLUSION

362.3. INVESTMENT AND HUMAN RIGHTS ARE COMPLEMENTARY AND REINFORCING MATTERS

373. HOW TO PROMOTE PROTECTION AND RESPECT FOR SOCIO-ECONOMIC RIGHTS UNDER INVESTMENT AGREEMENTS?

383.1. INTERNATIONAL INSTRUMENTS ON BUSINESS AND HUMAN RIGHTS, CSR, AND RESPONSIBLE BUSINESS CONDUCT

393.1.1. UN GUIDING PRINCIPLES ON BUSINESS AND HR

403.1.2. OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES

413.1.3. CORPORATE RESPONSIBILITY

423.1.4. HOW CAN STATES ENHANCE CORPORATE SOCIAL RESPONSIBILITY?

433.1.5. THE DRAFT TREATY ON BUSINESS AND HUMAN RIGHTS

443.2. HOW THE INVESTMENT SYSTEM IS BEING REDESIGNED?

453.2.1. UNCTAD’S INVESTMENT POLICY FRAMEWORK FOR SUSTAINABLE DEVELOPMENT

463.2.2. NEW INVESTMENT AGREEMENT MODELS

473.2.2.1 SCOPE

483.2.2.2. NATIONAL TREATMENT AND MOST FAVORED NATION

493.2.2.3. EXPROPRIATION

503.2.2.4. FET AND FPS STANDARDS

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The brazilian CFIA model as a mechanism for enhancing protection and respect for socio-economic rights

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