The Morocco-Nigeria BIT: An Important Contribution to Ensuring the Accountability of TNCs for their Human Rights Violations?
Abstract
Corporate accountability for human rights violations has been at the forefront of the business and human rights debate. This debate has focused on the establishment of binding human rights obligations on corporate entities, particularly following the Human rights Council’s initiative to establish a treaty on business and human rights– a mandate given to the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. Joining this debate, this paper briefly comments on relevant provisions of the 2016 Morocco-Nigeria Bilateral Investment Treaty (BIT) which appears to contain innovative provisions that seek to ensure that investors (who are often corporate entities) are held accountable for their investment activities that adversely impact human rights within their host States. Although the Morocco-Nigeria BIT remains exceptional within the investment treaty framework, it reflects an initiative to ensure that the next generation of BITs encourages greater corporate accountability for their human rights violations.
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2. Chi, M. (2018). Sustainable development provisions in investment treaties. United Nations ESCAP. https://www.unescap.org/sites/default/files/Sustainable%20Development%20Provisions%20in%20Investment%20Treaties.pdf
3. Columbia Center on Sustainable Investment. (2022, January 11) Primer on International Investment Treaties and Investor-State Dispute Settlement. https://ccsi.columbia.edu/content/primer-international-investment-treaties-and-investor-state-dispute-settlement-1
4. Davitti, D., Greenman, K., & Tzouvala, N. (2018). Crowd-Drafting: Designing a Human Rights-Compatible International Investment Agreement.https://lucris.lub.lu.se/ws/portalfiles/portal/55021365/Crowd_Drafting.pdf
5. Deva, S. Regulating Corporate Human Rights Violations: Humanizing Business (Routledge 2014).
6. Herbert Smith Freehills. (2017, May 23). Is the recently signed Morocco-Nigeria BIT a step towards a more balanced form of intra-African investor protection? https://hsfnotes.com/publicinternationallaw/2017/05/23/is-the-recently-signed-morocco-nigeria-bit-a-step-towards-a-more-balanced-form-of-intra-african-investor-protection/
7. Human Rights Watch. (2015, April 22). Bangladesh: 2 years after Rana Plaza, Workers Denied Rights. https://www.hrw.org/news/2015/04/22/bangladesh-2-years-after-rana-plaza-workers-denied-rights
8. Inyang, P. O. (2021). The necessity for revisiting direct corporate human rights obligations in the current business and human rights treaty process 4(2), 71–87.
9. Nyombi, C., Mortimer, T., & Ramsundar, N. (2018). The Morocco-Nigeria BIT: towards a new generation of intra-African BITs. International Company and Commercial Law Review 29(2), 69–80.
10. Sheffer, M. W. (2011). Bilateral investment treaties: A friend or foe to human rights? Denver Journal of International Law and Policy 39(3), 483–521.
11. Sheng, Z. (2020). Human rights and international investment agreements: How to bridge the gap? (2020) The Chinese Journal of Comparative Law 7(3), 457–483
12. UNCTAD Investment Policy Hub. (2022, December) International Investment Agreements Navigator. https://investmentpolicy.unctad.org/international-investment-agreements
13. Weschka, M. (2006). Human rights and multinational enterprises: How can multinational enterprises be held responsible for Human Rights Violations Committed Abroad? Heidelberg Journal of International Law 66(1), 625–661.
14. Zugliani, N. (2019). Human rights in international investment law: The 2016 Morocco-Nigeria Bilateral Investment Treaty. International and Comparative Law Quarterly 68(3), 761–770.
Copyright (c) 2022 Philippa Osim Inyang
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