Water and Sanitation Services in International Trade and Investment Law: For a Holistic Human Rights-Based Approach

2017 ◽  
pp. 196-219
Author(s):  
Leÿla Choukroune
Keyword(s):  
Human Rights ◽  
International Trade ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Investment Law ◽  
Human Rights Based Approach ◽  
Trade And Investment

scholarly journals Toward a Geoeconomic Order in International Trade and Investment

2019 ◽  
Vol 22 (4) ◽  
pp. 655-676 ◽  
Author(s):  
Anthea Roberts ◽  
Henrique Choer Moraes ◽  
Victor Ferguson
Keyword(s):  
International Trade ◽  
International Economic Order ◽  
New Order ◽  
Post Cold War ◽  
Recent Developments ◽  
Strategic Policy ◽  
Investment Law ◽  
Trade War ◽  
Trade And Investment ◽  
Global Economic Governance

Abstract Recent developments suggest that the international economic order is transitioning away from the Neoliberal Order that has flourished for much of the post-Cold War period toward a new Geoeconomic Order. The shift to this new order, which is characterized by a growing ‘securitisation of economic policy and economisation of strategic policy’, will likely see the rules, norms, and institutions of international trade and investment law undergoing significant change. We expose the differences in the underlying logic of these orders, explore how this shift is being driven by the emerging USA–China tech/trade war, and consider the consequences of this transition for global economic governance.

scholarly journals New Approaches to Monitor Inequalities in Access to Water and Sanitation: The SDGs in Latin America and the Caribbean

Water ◽  
2020 ◽  
Vol 12 (4) ◽  
pp. 931 ◽  
Author(s):  
Vitor Carvalho Queiroz ◽  
Rodrigo Coelho de Carvalho ◽  
Léo Heller
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Regional Heterogeneity ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
2030 Agenda ◽  
Access To Water ◽  
Assessment And Monitoring ◽  
The Caribbean ◽  
Normative Content

In the 2030 Agenda for Sustainable Development, Targets 6.1 and 6.2 show, in their formulation, some alignment with the normative content of the human rights to water and sanitation (HRWS). However, the principle of equality and non-discrimination, which applies to all human rights, was not clearly incorporated into the indicators adopted to assess and monitor these targets. This paper contributes to bridging this gap by proposing two methodological strategies to address inequalities in analyses of access to water and sanitation services. The first consists in adjusting the indicators of access to these services according to inequality. The second proposes an assessment of intersecting forms of inequality. An application of these methods in Latin America and the Caribbean highlights significant regional heterogeneity and elevated inequality in access to services in the countries of this region. The methods demonstrate their potential in contributing to assessment and monitoring of the SDGs, but outdated or lacking data are obstacles to more in-depth analyses.

scholarly journals Overview of 12 Years of Special Rapporteurs on the Human Rights to Water and Sanitation: Looking Forward to Future Challenges

Water ◽  
2020 ◽  
Vol 12 (9) ◽  
pp. 2598 ◽  
Author(s):  
Léo Heller ◽  
Catarina De Albuquerque ◽  
Virginia Roaf ◽  
Alejandro Jiménez
Keyword(s):  
Human Rights ◽  
Structural Changes ◽  
Public Provision ◽  
Water Quality Control ◽  
Water And Sanitation ◽  
10Th Anniversary ◽  
Sanitation Services ◽  
Country Level ◽  
Future Challenges

The year 2020 marks the 10th anniversary of the United Nations (UN) resolution that recognized the human rights to water and sanitation (HRtWS), and is the last year of the second mandate of the Special Rapporteurs (SRs), spanning 12 years in total. This paper discusses the challenges in the fulfilment of the rights through the work of the SRs, based on an analysis of the twenty-three country visits, seven follow-up reports, and twenty-two thematic reports elaborated during this time. While policy, regulation and finance receive the most attention from the SRs, the analysis of the follow-up reports show that the SRs’ recommendations alone might not be enough to trigger structural changes at country level. Aspects of accountability, equality and nondiscrimination also stand out in the work of the SRs. Based on the analysis, the last section identifies topics, settings, and groups that require further attention from a human rights perspective including: extraterritorial obligations, including transboundary waters; the UN and the HRtWS; climate change; public provision of water and sanitation services; drinking water quality control and surveillance; rural sanitation; indigenous peoples; sanitation workers; informal settlements; and capacity development.

PERMISSION TO ACT: THE LEGAL CHARACTER OF GENERAL AND SECURITY EXCEPTIONS IN INTERNATIONAL TRADE AND INVESTMENT LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 557-584
Author(s):  
Caroline Henckels
Keyword(s):  
International Trade ◽  
Legal Systems ◽  
Regulatory Purpose ◽  
Regulatory Capacity ◽  
Investment Law ◽  
Investment Treaties ◽  
Legal Character ◽  
Trade And Investment ◽  
Practical Implications

AbstractThe dyadic rule–exception structure common to many legal systems has posed particular interpretive difficulties in international trade and investment law. Adjudicators have interpreted general and security exceptions in GATT, GATS and cognate provisions of investment treaties in divergent ways, and the analytic character of these provisions is under-theorised in the literature. This article argues that we should understand exceptions from a deontological perspective as permissions that affirm governmental regulatory capacity and thus limit the scope of the commands set out in the treaty. This characterisation of exceptions has both symbolic and practical implications, of which this article discusses two: determining the exception's applicability as a preliminary matter rather than as a defence, which would in turn permit consideration of regulatory purpose at the point of obligation; and whether the applicability of an exception is properly a question of merits or jurisdiction.

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