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

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

  • Marina Martins Martes
Publisher:Editora DialéticaISBN 13: 9786525294612ISBN 10: 6525294614

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The brazilian CFIA model as a mechanism for enhancing protection and respect for socio-economic rights is written by Marina Martins Martes and published by Editora Dialética. It's available with International Standard Book Number or ISBN identification 6525294614 (ISBN 10) and 9786525294612 (ISBN 13).

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.