The human right to water and foreign investment: friends or foes?

Huiping Chen

Water International, 2015, vol. 40, issue 2, 297-311

Abstract: States have a duty to respect, protect and fulfil the human right to water. Water-related foreign investment, governed by international investment agreements (IIAs) that do not yet incorporate human rights provisions, can have both positive and negative impacts on human rights. It is argued here that the right to water could be used as an argument to justify measures taken against water-related investments in disputes between host states and foreign investors. While arbitral tribunals have not yet accepted this argument, it might be accepted in the near future as IIAs incorporate human rights provisions.

Date: 2015
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DOI: 10.1080/02508060.2015.1012784

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