The repeal of the Human Rights Act is almost certain to be promised in next week’s Conservative manifesto, as it was in 2010 and 2015. Theresa May has long opposed the HRA, last year advocating pulling out of the European Convention on Human Rights as an alternative to Brexit.

Yet, even with the expected Conservative majority after 9 June, a repeal bill is unlikely to even make it to a vote in the Commons, not that this matters - after Brexit, Theresa May can effectively relegate human rights to second-class laws, without ever having to win a vote in Parliament. Post-Brexit trade agreements can, in effect, subject human rights to the interests of international investors.

“Second Generation” trade agreements have transformed the rights of investors: from protections against arbitrary interference, to entitlements to preferential treatment. These entitlements, in effect, give investors’ interests priority over human rights.

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Investors can enforce their entitlements in private tribunals, to which ordinary citizens are denied access. While domestic courts will consider the public policy benefits of a measure (the greatest good for the greatest number), the investment tribunals will generally only consider if an investor’s entitlement has been violated. Although they can take human rights into account, they almost never do so. An investor going to a tribunal thus has a much better chance of enforcing their entitlement against a government, than an individual has of enforcing their human rights in a domestic court.

In pictures: European parliament Brexit discussions Show all 12 1 /12 In pictures: European parliament Brexit discussions In pictures: European parliament Brexit discussions European commission member in charge of Brexit negotiations with Britain, French Michel Barnier listens at the President of the European Commission Jean-Claude Juncker speaking at the European Parliament in Strasbourg Getty Images In pictures: European parliament Brexit discussions Frank-Walter Steinmeier, President of the Federal Republic of Germany, delivers his speech at the European Parliament in Strasbourg EPA In pictures: European parliament Brexit discussions European Union's chief Brexit negotiator Guy Verhofstadt, President of the Group of the Alliance of Liberals and Democrats for Europe (ALDE), addresses the European Parliament during a debate on Brexit priorities and the upcomming talks on the UK's withdrawal from the EU Reuters In pictures: European parliament Brexit discussions Michel Barnier, European Chief Negotiator for Brexit reacts during a meeting at the European Parliament in Strasbourg EPA In pictures: European parliament Brexit discussions Member of the European Parliament and former leader of the anti-EU UK Independence Party (UKIP) Nigel Farage wears socks with Union Jack flag at the European Parliament in Strasbourg Getty Images In pictures: European parliament Brexit discussions Nigel Farage, United Kingdom Independence Party (UKIP) member and MEP, addresses the European Parliament during a debate on Brexit priorities and the upcoming talks on the UK's withdrawal from the EU Reuters In pictures: European parliament Brexit discussions European commission member in charge of Brexit negotiations with Britain, French Michel Barnier gestures during speeches at the European Parliament in Strasbourg Getty In pictures: European parliament Brexit discussions The President of the European Commission Jean-Claude Juncker (L) speaks with European commission member in charge of Brexit negotiations with Britain, French Michel Barnier at the European Parliament in Strasbourg Getty In pictures: European parliament Brexit discussions European Union's chief Brexit negotiator Guy Verhofstadt, President of the Group of the Alliance of Liberals and Democrats for Europe (ALDE), addresses the European Parliament during a debate on Brexit priorities and the upcomming talks on the UK's withdrawal from the EU Reuters In pictures: European parliament Brexit discussions Member of the European Parliament and former leader of the anti-EU UK Independence Party (UKIP) Nigel Farage gestures during speeches at the European Parliament in Strasbourg, eastern France, on April 5, 2017. The European Parliament will on April 5 lay down its "red lines" for negotiations over a Brexit deal, on which the assembly will have the final say in two years' time. / AFP PHOTO / Sebastien BozonSEBASTIEN BOZON/AFP/Getty Images Getty In pictures: European parliament Brexit discussions German president Frank-Walter Steinmeier delivers a speech during a plenary session at the European Parliament in Strasbourg Getty In pictures: European parliament Brexit discussions The European Parliament in Strasbourg, eastern France Getty Images

While tribunals can’t technically overrule governments, their rulings often have the same effect. They can impose damages in sums so large that measures designed to protect human rights become financially unviable. Sometimes the mere threat of damages is enough to compel a settlement, in which states agree to abandon policies made in the public interest, in return for lower damages. For example, when a Canadian measure to improve safety when transporting explosive chemicals was held to impact on an investor’s interest, Canada abandoned the policy in the face of scientific advice.

Post-Brexit, the HRA itself could face a threat from Second Generation agreements. If the decision of a domestic court impinges on the interests of investors, they can, in theory, have it reviewed by an international tribunal. The tribunal can’t overrule the court directly, but the size of potential damages may force governments to ignore judgments or legislate to overturn them. Judgements that uphold the HRA may, therefore, be threatened by post-Brexit trade agreements.

Human rights are the fundamental arbiter of the relationship between the individual and the state. Post-Brexit trade agreements have the potential to relegate them to a second class of law, only effective as long as they don’t compromise the interests of international investors. It would be tragically ironic if, in voting for Brexit, we “took back control” only to immediately give it away to international investors.