The question pertaining to the impact of States’ participation in designing an Instrument on transnational corporations and other business enterprises in the area of human rights (hereafter referred to as ‘the Instrument’) on attracting foreign direct investment has been a persistent issue of discussion since the mandate of the intergovernmental group on the Instrument was established. This mandate was established by Resolution A/ HRC/26/9 of the United Nations Human Rights Council, which was passed in July 2014.

It is important to contextualize this question within an understanding of the role of investment policy as one of the development and economic policy tools available to States, including the role of both domestic and foreign investments, and within an understanding of the underlying determinants of foreign direct investment. This discussion could be informed by the experience of countries reforming their positions towards investment treaties, which entail a regulatory change pertaining to foreign investors.

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