Description
Drinking water and wastewater services must be provided to many sectors of a nation's economy, including its industrial, commercial, and residential sectors. This forms the scope of the water industry's activities and it explains why the privatization of water sanitation and water services has become a huge market and a much-debated issue in a number of jurisdictions. Historically the water industry has been run as a public service which is owned by the local or national government; however, recent trends suggest that the role of the private sector is increasing. The growing economic interests concerning water and wastewater services are generating a tension with the recent recognition of the human right to water and sanitation. This tension between human right and economic rules is the focus of this book, which reviews all the international rules that form the regulation of global water services.
Table of Contents
List of contributors; Foreword Laurence Boisson De Chazournes; 1. Introduction Julien Chaisse; Part I. International Economic Law in Motion: Rules, Issues and Disputes: 2. Are investments in water different? Sectoral economics, investment treaty architecture, and the role of governance N. Jansen Calamita; 3. The erosion of the concept of public service in water concessions: evidence from investor-state arbitration Fernando Dias Simões; 4. International investment agreements and water resources management Aline Baillat; 5. Water is not medicine: the tension between access to water and intellectual property rights in the area of water technologies Bryan Mercurio and Antoine Martin; Part II. Challenge of Balancing Economic and Non-Economic Policy Objectives: 6. Right to water in the shadow of trade liberalization Chien-Huei Wu and Helen Hai-Ning Huang; 7. Protecting the human right to water through the regulation of multinational enterprises Markus Krajewski; 8. Water and sanitation services in international trade and investment law: for a holistic human rights based approach Leila Choukroune; 9. Foreign governmental suppliers' investment: profit or aid? The case study of a Japanese city water bureau Shintaro Hamanaka; 10. The drip, drip of depletion: solving the tragedy of the commons in global water usage Bryan Druzin; Part III. Regional Patterns in the Law of Water Services: 11. The regulation of water services in the European Union internal market Panagiotis Delimatsis; 12. External competences of the EU in the field of water services trade and regulation Christoph Herrmann; 13. Fragmentation of water policies in ASEAN: potential role of the ASEAN community Sufian Jusoh, Hayatunnisah Sulaiman, Suzarika Sahak and Karamjit Singh; 14. Water management in Central Asia: the role of energy, trade and investment law Anatole Boute; 15. Conclusion: 'Blue Gold' regulatory and economic challenges Pierre Sauvé; Bibliography; Index.
