A/70/301
Dominance of neoliberalism and focus on extractive activities
62. The liberalization of international trade, the opening of markets to foreign
investors and the development of international legal mechanisms have been strongly
driven by neoliberal economic theory. Neoliberalism is an economic paradigm that
champions the power of market forces and argues that, if left unregulated, markets
will deliver global development. Neoliberalism grew in dominance in the latter part
of the twentieth century and infiltrated many elements of development policy.
Neoliberalism contains many tenets relating to international investment and free
trade, including support for trade liberalization, the privatization of public services,
a limited regulatory role for States and a link between increased FDI and growth in
GDP.
63. Such tenets are consistent with, and therefore legitimize, the provisions of
international investment and free trade agreements. Indeed, many leading
international financial institutions endorse neoliberalism as a coherent economic
theory that, if adhered to, will bring development to all. Yet that unquestioning
discourse has obscured the vested interests and important human and indigenous
rights implications of international investment and free trade regimes. It has
contributed to a model of development that is measured by overall growth figures
and gives little weight to whether that leads to a reduction in inequality or alleviates
poverty, including among indigenous peoples. Moreover, the widespread and
unquestioning endorsement of that economic theory, and its legitimization of free
trade and investment agreements, can act as a barrier to cultivating the political will
necessary for reform.
64. In parallel to neoliberalism, the development path many Governments have
taken and continue to focus on is extractive activity. Extractive activi ty refers to
economic activities focused on removing large quantities of natural resources to be
used mainly for export. The natural resources being extracted include minerals,
metals, oil and/or gas, water and products from forestry, farming and fishing. Many
of the foreign investment projects that directly affect indigenous peoples include
extractive activities. The competition between host States to attract foreign
investment often leads to a race to the bottom in terms of social and environmental
protection.
Lack of coherence within international law
65. International investment and free trade law regimes have been developed as a
separate strand of international law from human and indigenous rights standards.
Despite the strong public interest issues at stake within international investment
agreements and the customary legal status of many human rights principles, there
are no formal enforcement mechanisms to ensure that trade and investment
agreements uphold human rights. Furthermore, as discussed ab ove, the free trade
and investment regime itself is diffuse, complex and opaque. There are many
different arbitration mechanisms, rules and agreements, and a general lack of
transparency. That undermines the abilities of policymakers and legislators to gai n a
systemic picture of international investment and free trade regimes and their effect
on human and indigenous peoples’ rights in order to develop effective options for
reform.
15-12526
19/24