A/70/301 Concerns about international competition 66. UNCTAD has identified States’ concerns about international competition as a barrier to significant reform to free trade and investment regimes. States that are seen to prioritize the rights of indigenous peoples within their countries could therefore become less attractive for foreign investment, which could cause them to suffer in relation to the benefits that investment projects can bring. 17 Until the playing field is levelled among States, there are strong disincentives to enact significant reform. That highlights the importance of collective action on the issue of free trade and investment agreements and human rights. B. Promising practices 67. While the Special Rapporteur believes that fundamental reform of the international management of corporate activities is necessary, she is also interested in how current mechanisms can be modified to achieve greater protection of the rights of indigenous groups. UNCTAD has noted that while almost all countries are parties to one or more international investment agreements, many are dissat isfied with the current regime and have concerns relating to the development impact of international investment agreements, the balance of rights and obligations of investors and States, investor-State dispute settlement mechanisms and the systemic complexity of the international investment agreement regime. 3 Those concerns among States present an opportunity for a collective forum on free trade and investment mechanisms. Current promising practices, illustrative examples of which are below, should be built upon to utilize the opportunity for positive change. Exception clauses to protect the rights of indigenous peoples and promote sustainable development 68. Exception clauses have the potential to protect indigenous peoples from any adverse impacts on their rights in the context of international investment and free trade agreements. For example, indigenous land could be exempted from non-discrimination and expropriation clauses. Available information about exception clauses to protect the rights of indigenous peoples and their effectiveness is very limited and is an area that the Special Rapporteur plans to include in her ongoing engagement with Member States. 69. There have also been examples of clauses included in international investment agreements to promote sustainable development, which could be helpful in promoting the economic and social rights of indigenous peoples. A review by UNCTAD of the 13 international investment agreements concluded in 2014 for which texts are available (7 bilateral investment treaties and 6 other international investment agreements) showed that most of those recent treaties include sustainable development-oriented features. Of the agreements, 11 have general exceptions; for example, for the protection of human, animal or p lant life or health, or for the conservation of exhaustible natural resources. Eleven treaties contain a clause that explicitly recognizes that the parties should not reduce health, safety or environmental standards in order to attract investment. Of those 11 treaties, 9 refer __________________ 17 20/24 UNCTAD, “IIA issues note: reform of the IIA regime: four paths of action and a way forward”, IIA issues notes, No. 3 (June 2014). Available from http://unctad.org/en/PublicationsLibrary/ webdiaepcb2014d6_en.pdf. 15-12526