International investment agreements and mega-regionals: promoting or undermining the right to water?

Polanco, Rodrigo Javier; Bazrafkan, Azernoosh (2019). International investment agreements and mega-regionals: promoting or undermining the right to water? In: Haller, Tobias; Breu, Thomas; De Moor, Tine; Rohr, Christian; Znoj, Heinzpeter (eds.) The Commons in a Glocal World: Global Connections and Local Responses. Earthscan Studies in Natural Resource Management (pp. 454-474). London: Routledge

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This chapter examines how investment law interacts with the human right to safe drinking water and sanitation in IIAs, comprising both bilateral investment treaties (BITs) as well as preferential trade agreements (PTAs) with investment provisions. This analysis includes recently negotiated mega- regional agreements such as the Comprehensive Trade and Economic Agreement between Canada and the European Union (CETA) and the Comprehensive and Progressive Agreement for Trans- Pacifi c Partnership (CPTPP). The first section studies in what way, if any, investment protection standards as included in IIAs affect the right to water. The second part examines whether foreign investor’s legitimate expectations are affected by a host state’s measure to regulate the supply and maintenance of water on public policy objectives, including by implementing specific human rights obligations. The final section considers whether the human right to water can be used as a defence in investor-State dispute settlement (ISDS) by the respondent state. Special attention will be paid to the recent award by an arbitral tribunal under the rules of the International Centre for the Settlement of Disputes (ICSID), namely the Urbaser v Argentina.

Item Type:

Book Section (Book Chapter)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Polanco, Rodrigo Javier and Bazrafkan, Azernoosh

Subjects:

300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation
300 Social sciences, sociology & anthropology > 340 Law

ISBN:

9781138484818

Series:

Earthscan Studies in Natural Resource Management

Publisher:

Routledge

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

20 Jun 2019 14:18

Last Modified:

20 Jun 2019 14:18

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/131316

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