...[M]any commentators and political observers agree that trade and investment agreements may lead to policies and governmental measures with a negative impact on the full enjoyment of human rights and the State’s ability to respect, protect and fulfil these rights...During the second session of the Open-ended intergovernmental working group, a number of speakers and discussants raised the question of how a treaty on businesses and human rights might address the potential conflict between trade and investment policies and human rights, and called for treaty elements which would ensure the primacy of human rights...Part II of this study recalls the main areas of potential conflict between trade and investment policies and human rights, in particular trade and investment agreements.  Part III explains how some of these conflicts could be addressed in reformed...Part IV of the study develops and explains model clauses addressing investment and trade policies which could be included in a treaty...The treaty on businesses and human rights could therefore be used as an instrument to establish binding obligations on States to reform trade and investment agreements, to mitigate the potential negative impact of trade and investment agreements...