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

• Ano de defesa: 2021
• Autor(a) principal: Martes, Marina Martins
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: eng
• Instituição de defesa: Biblioteca Digitais de Teses e Dissertações da USP
• Palavras-chave em Português: CFIA; Desenvolvimento sustentável > Brasil; Direitos Humanos > Brasil; Direitos sociais > Brasil; Human Rights; Investimentos estrangeiros > Brasil; Investment treaties; Política econômica internacional > Brasil; Responsabilidade social > Brasil; Socio-economic rights; Sustainable development
• Link de acesso: https://www.teses.usp.br/teses/disponiveis/2/2135/tde-30092022-080507/

This dissertation has the purpose of evaluating whether the new model of investment agreement developed by Brazil (CFIA model) is a mechanism for enhancing protection and respect for social and economic rights. For examining and answering this question, the dissertation starts by exploring the origins on investment treaties, how they have evolved over time, and what are the main characteristics of traditional investment treaty models. It then explores why investment treaties and socio-economic rights are related, by mapping cases in which investment treaties have already impaired the protection of such rights in host-countries, and then investigating the reasons for considering both issues as complementary matters under the notion of sustainable development. After exploring the reasons why the relation between foreign investment and socio-economic rights protection and promotion should be investigated, this dissertation analyses how these two issues shall be jointly handled. It analyses international organizations initiatives to regulate business and human rights and propose investment treaties frameworks that foster sustainable development, as well as new investment agreements models developed by other 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 of Brazils policy with respect to investment treaties, and evaluates CFIAs wording and how some of its institutional mechanisms are considering corporate social responsibility issues. In conclusion, this research asserts that CFIA model may 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.