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 investment liberalization, 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 and multifaceted.
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 as are 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 services affect 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, and the rights of governments to protect their lakes, rivers and groundwater?
Rezensionen / Stimmen
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 a leading 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 * ...goes beyond more traditional, restricted, understandings of legal aspects related to water. Its conclusions will be a most valid contribution to discussion concerning the development of international economic law. It should unreservedly become an obligatory source of reference for administrators, regulators, practitioners and scholars. * Ana Barreira, Journal of Environmental Law *
Reihe
Sprache
Verlagsort
Zielgruppe
Für Beruf und Forschung
Academics, students, policy makers, practitioners and public interest groups in the field of water resources, economics and human rights.
Illustrationen
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 32 mm
Gewicht
ISBN-13
978-0-19-927467-3 (9780199274673)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
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 at the Geneva Office of the Centre for International Environmental Law.
Autor*in
Francis Cabell Brown Professor of International Law, Georgetown University, Washington DC.
Head of Department of Public International Law and International Organisation, Faculty of Law, University of Geneva
Managing Attorney, Geneva Office, Centre for International Environmental Law
List of Tables and Figures ; List of Acronyms and Abbreviations ; Introduction ; PART 1 TRADE OF FRESH WATER: GEOPOLITICS, LAW, AND ECONOMICS ; 1. Cooperation or Confrontation: Sustainable Water Use in an International Context ; 2. Water Transfers: A Means to Achieve Sustainable Water Use ; 3. Water Transfers and International Trade Law ; PART 2 WATER SERVICES, THE GATS AND RELATED ISSUES ; 4. The Human Right to Water ; 5. Water Services at the WTO ; 6. GATS and its Impact on Private Sector Participation in Water Services ; 7. Economics of Water Services and the Right to Water ; PART 3 WATER SUBSIDIES AND AGRICULTURE ; 8. Ground Water Regulation and Water Crisis Rhetoric: Syria as a Case Study ; 9. Water, Agriculture and Subsidies in the International Trading System ; PART 4 WATER AND INVESTMENT ; 10. Water-Related Investment: A European Perspective ; 11. International Investment Rules and Water: Learning from the NAFTA Experience ; 12. Water Concession and Protection of Foreign Investments Under International Law ; 13. Local Communities and Water Investments ; PART 5 RESOLUTION OF WATER DISPUTES, WITH SPECIAL EMPHASIS ON ECONOMIC ISSUES ; 14. Water and Economics: Trends in Dispute Settlement Procedures and Practice ; 15. Transparency, Public Participation and Amicus Curiae in Water Disputes ; Appendix 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 States ; Appendix 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: Bibliography ; Appendix H: Selected Websites ; Index
