Fresh Water And International Economic Law

Hardcover | October 31, 2005

byEdith Brown Weiss, Laurence Boisson de Chazournes, Nathalie Bernasconi-Osterwalder

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Fresh water resources are at the same time ecological, economic, social, and cultural goods and must be managed accordingly. However, efforts to manage these resources are complicated by tensions arising from possible clashes between the regimes favouring privatization, trade and investmentliberalization, and domestic and international regimes governing water resources, environmental protection and human rights. The relationships between the international economic and legal framework on the one hand and fresh water resource management and protection on the other, are complex andmultifaceted. This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines. It examines such questions asare governments free to decide whether or not to export water resources? Can foreign investors sue host states for adopting measures to control water pollution? Can international trade rules be used to reduce or eliminate water related subsidies? Do rules on the liberalization of water servicesaffect domestic and international human rights obligations relating to water supply? More generally, how do the procedural rights of states, individuals, affected communities and investors affect decisions regarding the right to drinking water, the rights of investors to exploit water resources, andthe rights of governments to protect their lakes, rivers and groundwater?

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Fresh water resources are at the same time ecological, economic, social, and cultural goods and must be managed accordingly. However, efforts to manage these resources are complicated by tensions arising from possible clashes between the regimes favouring privatization, trade and investmentliberalization, and domestic and internationa...

Edith Brown Weiss is Francis Cabell Brown Professor of International Law at Georgetown University, Washington DC. Laurence Boisson de Chazournes is Head of the Department of Public International Law and International Organisation in the Faculty of Law at the University of Geneva. Nathalie Bernasconi-Osterwalder is a Managing Attorney ...
Format:HardcoverDimensions:512 pages, 9.21 × 6.14 × 1.3 inPublished:October 31, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199274673

ISBN - 13:9780199274673

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Table of Contents

List of Tables and FiguresList of Acronyms and AbbreviationsIntroductionPart 1 Trade of Fresh Water: Geopolitics, Law, and Economics1. Urs Luterbacher and Ellen Wiegandt: Cooperation or Confrontation: Sustainable Water Use in an International Context2. A. Daniel Tarlock: Water Transfers: A Means to Achieve Sustainable Water Use3. Edith Brown Weiss: Water Transfers and International Trade LawPart 2 Water Services, the GATS and Related Issues4. Stephen C. McCaffrey: The Human Right to Water5. Mireille Cossy: Water Services at the WTO6. Elizabeth Tuerk, Aaron Ostrovsky and Robert Speed: GATS and its Impact on Private Sector Participation in Water Services7. Henri Smets: Economics of Water Services and the Right to WaterPart 3 Water Subsidies and Agriculture8. Ronald Jaubert and Mohamed Al-Dbiyet: Ground Water Regulation and Water Crisis Rhetoric: Syria as a Case Study9. Nathalie Bernasconi-Osterwalder: Water, Agriculture and Subsidies in the International Trading SystemPart 4 Water and Investment10. Andreas Ziegler: Water-Related Investment: A European Perspective11. Nathalie Bernasconi-Osterwalder and Edith Brown Weiss: International Investment Rules and Water: Learning from the NAFTA Experience12. Serge Pannatier and Olivier Ducrey: Water Concession and Protection of Foreign Investments Under International Law13. Philippe Cullet and Alix Gowlland: Local Communities and Water InvestmentsPart 5 Resolution of Water Disputes, with Special Emphasis on Economic Issues14. Laurence Boisson de Chazournes: Water and Economics: Trends in Dispute Settlement Procedures and Practice15. Makane Moise Mbengue and Mara Tignino: Transparency, Public Participation and Amicus Curiae in Water DisputesAppendix A: General Comment No 15, The right to water (Articles 11 and 12 of the International Covenant of Economic, Social and Cultural Rights)Appendix B: The General Agreement on Tariffs and Trade 1947, as amended (extracts)Appendix C: The General Agreement on Trade in Services (extracts)Appendix D: 1993 Statement by the Governments of Canada, Mexico and the United StatesAppendix E: International Joint Commission, Protection of the Waters of the Great Lakes: Final Report to the Governments of Canada and the United States, February 22, 2000 (extracts)Appendix F: Chapter 11 of NAFTA (extracts)Appendix G: BibliographyAppendix H: Selected WebsitesIndex

Editorial Reviews

`A superb analysis of water as an issue in international trade. This carefully-edited volume examines a central, yet little studied, emerging topic in international economic law--the law of fresh water trade. Every important facet is given attention by well-researched essays written by aleading or soon to be better-known scholars. No other book even begins to cover this ground. All of the studies are relevant for thinking through the complex implications of World Trade Organization rules for transborder commerce in water. The book gives due attention to the rules for goods,services, and subsidies, and also explores trends in bilateral and regional trade agreements. As controversies about water become more important over the coming years, this volume is sure to remain the essential first reference for regulators and scholars. 'Steve Charnovitz, Associate Professor of Law, George Washington University Law School