The draft Policy Framework presents an opportunity to consider the human rights framework within which investment and development is facilitated and regulated...Paragraph 8.5 of the draft Policy Framework questions the appropriateness of the inclusion of specific human rights provisions in BITs [Bilateral Investment Treaties]. The Commission emphasizes that the human rights obligations of the state and business are entrenched in the Constitution...In light of this, the Commission proposes that the state remedy the absence of specific human rights provisions in BITs to ensure investor clarity and avoid uncertainty and finally resorting to the interpretation of state and investor obligations by courts or tribunals.