scholarly journals On the Changing Structure of International Investment Law: The Human Right to Water and ICSID Arbitration

2010 ◽  
Vol 12 (3) ◽  
pp. 335-359 ◽  
Author(s):  
Fabrizio Marrella
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
International Investment ◽  
Human Right ◽  
Water And Sanitation ◽  
International Investment Law ◽  
Business And Human Rights ◽  
The People ◽  
Independent Expert ◽  
The Right

AbstractWater is the world’s third largest industry after oil and energy power. Although clean drinking water and sanitation are necessary for the health and development of individuals and communities, even today, billions of people lack access to either. In response to these concerns, the international community has set a Millennium Development Goal (MDG) of providing, by 2015, clean water and improved sanitation to at least half of the people worldwide who now lack these services. Water is treated both as a public good and an economic good. In the last decade, we have witnessed the commoditisation through privatization and liberalisation of an essential good for each individual’s life. Transnational corporations may encounter water issues in at least three different contexts: a) as enablers of access to water; b) as providers or distributors of water and c) as a user or consumer of water. Many initiatives have been developed within the United Nations such as the Global Compact and the appointment of both an independent expert on human rights obligations related to access to safe drinking water and sanitation and a Special Representative of the Secretary General on business and human rights. Both of them are mainstreaming human rights in the business sector reconciling different forms of regulations. The right to water has come into discussion in a number of ICSID arbitrations and other cases are still pending. The purpose of this article is to discuss the advancement of the thinking in this field so that it could be applied in arbitration practice.

scholarly journals Green Shoots in a Barren World: Recent Developments in International Investment Law

2020 ◽  
Vol 67 (3) ◽  
pp. 453-471
Author(s):  
Jason Rudall
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Business And Human Rights ◽  
Good Investment ◽  
Investment Law ◽  
Multiple Challenges ◽  
The Right ◽  
Law Making

AbstractThis article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the area of business and human rights that are of relevance to the international investment law framework. The article then turns to consider the emergence of human rights and environmental issues in the recent jurisprudence of investment tribunals and appraises how such issues have been dealt with—both in procedural and substantive terms—by arbitral tribunals. Finally, it questions whether investment tribunals are appropriate venues for the adjudication of non-investment matters like environmental and human rights issues, and highlights best practices that could be adopted by future tribunals. Overall, the article concludes that the piecemeal approach adopted to date provides a step in the right direction but is ultimately inadequate given the multiple challenges that our planet currently faces. Rather, a more ambitious agenda that is concerned with promoting good investment, as opposed to mitigating bad practices, should be pursued.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

scholarly journals Private Actors, Public Goods and Responsibility for the Right to Water in International Investment Law: An Analysis of Urbaser v. Argentina

2018 ◽  
pp. 1-24
Author(s):  
Edward Guntrip
Keyword(s):  
Water Supply ◽  
International Law ◽  
International Investment ◽  
Human Right ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Law ◽  
The Right ◽  
Water Supply Services

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. The article argues 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.

El Derecho al Trabajo en Épocas de Crisis: el Caso de España / The Right to Work in Times of Crisis: the Case of Spain

2017 ◽  
Author(s):  
Carmen Almagro Martín
Keyword(s):  
Human Rights ◽  
Main Subject ◽  
Human Right ◽  
Derechos Humanos ◽  
Right To Work ◽  
The People ◽  
The One ◽  
The Right ◽  
Almost All ◽  
Unemployed Individual

ResumenSin duda alguna, en épocas de crisis como la que vivimos desde hace años, que se ha mostrado especialmente intensa en España, el Derecho al trabajo es uno de los que resultan más perjudicados. Se trata de un Derecho fundamental del ser humano y, como tal, aparece recogido en la Declaración Universal de Derechos Humanos, formando parte de ese “ideal común” que todos los pueblos y naciones deben esforzarse en conseguir. En España, el desempleo ha alcanzado niveles tan elevados que se ha convertido en la principal preocupación de los españoles (prácticamente en todas las familias hay al menos un miembro en “paro”). La situación es desoladora, habiéndose llegado a rozar los 6 millones de trabajadores en situación de desempleo, resultando evidente que el país debe continuar la reforma en el ámbito laboral poniendo en práctica políticas activas que permitan la reducción de esta cifra y la normalización del mercado de trabajo. Sin embargo, no menos importante será la adopción de medidas para la protección de los millones de desempleados, que viéndose privados de trabajo, principal fuente de ingresos para la mayoría de ellos, carecen de los recursos necesarios para hacer frente a sus necesidades básicas y las de sus familias.AbstractWithout any doubt, in times of crisis, as the one we have been currently living for years, the right to work has been particularly affected. It is a Fundamental Human Right, as it is expressed in the Universal Declarationof Human Rights, shaping this “common ideal” towards which all the people and nations must try to achieve. In Spain, unemployment has reached such levels that it has become the main subject of preoccupation among Spaniards (in almost all families, there is at least one unemployed individual). The situation is devastating, as almost 6 million of people are unemployed, urging the country to carry on its labour reforms, implementing active policies that enable to reduce this number and to normalize the labour market. It will be also important to adopt some measures to protect millions of unemployed individuals who, having no job, (as the main source of income for them), are lacking the necessary means to cope with the basic needs of themselves and their families. ResumoSem dúvida, em tempos de crise como a que temos vivenciado há anos, e que tem demostrado ser particularmente intensa na Espanha, o direito ao trabalho tem sido particularmente prejudicado. Trata-se de um direito humano fundamental e como tal, aparece na Declaração Universal dos Direitos Humanos, formando parte desse “ideal comum” que todos os povos e nações devem buscar realizar. Na Espanha, o desemprego atingiu níveis tão elevados que se tornou a principal preocupação dos Espanhóis (praticamente todos em todas as famílias lares têm pelo menos um membrosem emprego). A situação é sombria, tendo em vista que há quase 6 milhões de desempregados, exigindo que o país prossiga com suas reformas trabalhistas, implementando políticas públicas ativas que permitam reduzir essa cifra e normalizar o mercado do trabalho. Torna-se importante adotar medidas que protejam os milhões de desempregados que, sem emprego– principal fonte de ingressos para a maioria deles –, carecem dos recursos necessários às suas necessidades básicas e de suas famílias.

scholarly journals Inclusive development as an imperative to realizing the human right to water and sanitation

1970 ◽  
Vol 8 (2) ◽  
pp. 67-86
Author(s):  
Pedi Obani ◽  
Joyeeta Gupta
Keyword(s):  
Human Rights ◽  
Social Inclusion ◽  
Inclusive Development ◽  
Extensive Literature ◽  
Social Changes ◽  
Human Right ◽  
Water And Sanitation ◽  
Governance Process ◽  
The Right ◽  
Governance Instruments

There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are valueladen tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for operationalizing the human right to water and sanitation will, in fact, lead to inclusive development.Keywords: Human Rights, Governance, Water and Sanitation

Das Menschenrecht auf Wasser im internationalen Investitionsrecht

2021 ◽  
Author(s):  
Lara Maria Panosch
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Building Blocks ◽  
International Investment ◽  
Human Right ◽  
International Investment Law ◽  
Investment Protection ◽  
Investment Arbitration ◽  
Investment Law ◽  
Corporate Social

International investment law and the law of human rights currently show an unresolved relationship in the practice of international arbitration. The extent to which a human right to water can be accommodated within the framework of investment protection law has been considered in detail in this thesis. The possible solutions identified in the course of this research offer the potential to adequately take into account a human right to water in investment arbitration, both through non-contractual integration by means of a systemic interpretation along the established guidelines and through the contractual inclusion of explicitly formulated building blocks on Corporate Social Responsibility.

scholarly journals Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme

2017 ◽  
Vol 13 (14) ◽  
pp. 96
Author(s):  
Ziad Tak
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Health Services ◽  
National Level ◽  
Fundamental Rights ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Legal Texts ◽  
Access To Water ◽  
The Right

The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actually implemented it at the national level. The objective of this study is to show the importance of the implementation of the right to drinking water, so that it can be made available to all. Since the most widely traded studies on human rights were dominated by political and judicial character, I tried in this study to broaden the meaning of human rights and to provide more Rights. This is despite the fact that it has not been compensated by specific legal texts. As a result, the problem of the study is focused on water as a fundamental need of human, and access to water is part of its fundamental rights.

International arbitration as a means to protect human rights: analysis of the Hague Rules on Business and Human Rights Arbitration

2021 ◽  
Vol 11 (3) ◽  
pp. 173-187
Author(s):  
Irina Artamonova
Keyword(s):  
Human Rights ◽  
International Investment ◽  
International Arbitration ◽  
Commercial Activity ◽  
Foreign Investors ◽  
International Investment Law ◽  
Business And Human Rights ◽  
The Hague ◽  
Investment Law ◽  
Rights Arbitration

This article analyses the Hague Rules on Business and Human Rights Arbitration that were published in December 2019. The Hague Rules state how arbitration proceedings should resolve disputes arising from the influence of commercial activity in general on human rights. The purpose of the article is to assess the efficiency of the Hague Rules in settling such disputes by examining their features. The first part of the article studies the possibility of referring human rights disputes to international arbitration. In particular, the author examines the current practice of international investment tribunals and specifies the following situations where arbitrators deal with issues of human rights violations: to accept jurisdiction over counterclaims by host states against foreign investors; to interpret and provide guidance for establishing international investment law standards; to reasonably reduce the amount of compensation awarded to foreign investors in the event of violation by the host state. The author also emphasises that the application of the Hague Rules will enable tribunals to fully exercise their jurisdiction over human rights disputes and to examine such disputes on their merits. Having established the general possibility of referring human rights disputes to international arbitration, the author proceeds by analysing certain features of the Hague Rules, and then considering provisions on the importance of collaborative settlement mechanisms, special requirements to arbitrators, culturally appropriate arbitration proceedings, the possibility of bringing multiparty claims, enhanced requirements to the transparency of the arbitration proceedings and other issues. Finally, the author delves into certain challenges that may impede the practical application of the Hague Rules. In particular, such challenges may include: the fact that the Hague Rules do not solve the problem of the companies’ lack of obligations to protect human rights; the problem of enforcing awards taken in accordance with the Hague Rules; the hindered access of individuals to arbitration proceedings. Despite the above challenges, the author concludes that the Hague Rules may become a rather powerful instrument as an additional mechanism to resolve human rights disputes.

scholarly journals Disentangling the conundrum of self-determination and its implications in Greenland

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Dorothée Céline Cambou
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Human Right ◽  
Significant Control ◽  
The People ◽  
The Right ◽  
Right Of Self Determination

Abstract In 2009, the Act on Greenland Self-Government was adopted. It recognises that “the people of Greenland is a people pursuant to international law with the right of self-determination”. Within this framework, the people of Greenland have gained significant control over their own affairs and the right to access to independence. Yet, the extent to which this framework ensures the right of self-determination in accordance with fundamental human rights can still be questioned. From a human rights perspective, the right of self-determination is not a one-time right. It is fundamental human right that applies in different contexts beyond decolonisation and which has implications not only for colonial countries and peoples but also for the population of all territories, including indigenous and minority groups. From this perspective, this contribution seeks to disentangle and analyse the different facets of self-determination in Greenland while considering the implications of the right based on the multifarious identity of the peoples living in the country as colonial people, citizens, indigenous and minority groups, including their claim to control mining resources.

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