Intersections of international economic law with the right to water

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Publication Title

Intersections of international economic law with the right to water

Publication Type

Author(s)

Dr. Andrew Lang, London School of Economics

Publication Date

27 Nov 2008

ISBN-ISSN-EAN

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Contents

Summary

This paper seeks to examine the role that international legal regimes governing trade and investment may have in restructuring relations between the public and private sectors in the water and sanitation sector, particularly in the developing world. It begins by recounting the history of attempts to develop disciplines under the WTO's GATS agreement for the water and sanitation sector - as well as resistance to such attempts from human rights actors. Such disciplines remain very much a work in progress: the paper therefore uses the GATS treatment of similar social infrastructure sectors to speculate on how existing GATS disciplines may be applied to the water sector, and on what kinds of new disciplines may ultimately emerge from future negotiations. The second part of the paper goes on to address international investment law, assessing the potential effects of recent investment arbitration decisions covering foreign investment in the water sector. It concludes by offering some thoughts on the way that human rights actors may wish to position themselves in relation to the international investment regime, drawing on lessons learnt from human rights actors' experience with mobilisation around the GATS negotiations.

References

See also

HRBA

Q&A: The Right to Water

External Resources

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