A/70/301 to the protection of health and safety, labour rights, the environment or sustainable development in the preamble. 70. Provisions that aim to more broadly preserve States’ regulatory space and/or minimize exposure to investment arbitration supplement those sustainable development features. Provisions include clauses that exclude certain types of assets from the definition of investment, clarify State obligations under international investment agreements to narrow the scope of investor challenges, contain exceptions to transfer-of-funds obligations and more carefully regulate investorState dispute settlement processes. Each of those types of provisions might be useful mechanisms for protecting the rights of indigenous peoples within the international investment agreement context. Constitutional reform 71. There are examples of Latin American countries taking legal steps to protect themselves and their citizens from the impacts of international investment agreements. For example, as outlined by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Ecuador amended its Constitution to prohibit entry into instruments that waive its sovereign jurisdiction in the arbitration of disputes with private individuals or corporations. Ecuador, the Plurinational State of Bolivia and the Bolivarian Republic of Venezuela have also withdrawn from the Convention on the Settlement of Disputes between States and Nationals of Other States (see A/69/299, para. 70). Multilateral efforts to increase transparency 72. There have been some important multilateral efforts recently to increase transparency within international free trade and investment regimes. They include the development and coming into force of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the adoption of the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, which opened for signature in March of the present year. VI. Conclusions and recommendations A. Conclusions 73. It is clear that international investment and free trade agreements have significant potential to contribute to violations of the rights of indigenous peoples. The threat posed by current regimes lies both in their direct impact on indigenous peoples rights and their contribution to systemic injustices and imbalances, which tend to disproportionally impact indigenous peoples as some of the most globally marginalized. For that reason the Special Rapporteur intends to dedicate ongoing attention to the issue during the fulfilment of the mandate. 74. The human and indigenous rights implications of international investment agreements constitute a complex and multifaceted issue that requires sustained and multilateral attention from United Nations Member States in close 15-12526 21/24