Private actors, public goods and responsibility for the right to water in international investment law: an analysis of Urbaser v. Argentina

Guntrip, Edward (2018) Private actors, public goods and responsibility for the right to water in international investment law: an analysis of Urbaser v. Argentina. Brill Open Law, 1 (1). pp. 37-60. ISSN 2352-7072

[img] PDF - Published Version
Available under License Creative Commons Attribution.

Download (571kB)
[img] PDF - Published Version
Available under License Creative Commons Attribution-Non-Commercial.

Download (257kB)
[img] PDF - Accepted Version
Restricted to SRO admin only

Download (251kB)

Abstract

International investment law balances public and private interests within the broader framework of international law. Consequently, when water supply services, which constitute a public good, are privatized and operated by foreign investors, questions arise regarding whether foreign investors could be held responsible for the right to water under international law. This article considers how the tribunal in Urbaser v. Argentina allocated responsibility for compliance with the right to water between the host State and the foreign investor when resolving a dispute over privatized water services. It highlights how the tribunal in Urbaser v. Argentina supports different understandings of public and private based on whether the human rights obligation is framed in terms of the duty to respect or protect. It is argued that the tribunal's rationale overcomplicates the process of allocating responsibility for violations of the human right to water when water supply services have been privatized.

Item Type: Article
Keywords: international human rights law; international investment law; investment arbitration; privatization; right to water
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KZ Law of Nations
Depositing User: Edward Guntrip
Date Deposited: 27 Apr 2018 14:22
Last Modified: 12 Dec 2018 16:27
URI: http://sro.sussex.ac.uk/id/eprint/75493

View download statistics for this item

📧 Request an update