Kriebaum, Ursula --- "Water and investment" [2019] ELECD 544; in Miles, Kate (ed), "Research Handbook on Environment and Investment Law" (Edward Elgar Publishing, 2019) 69

Book Title: Research Handbook on Environment and Investment Law

Editor(s): Miles, Kate

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Water and investment

Author(s): Kriebaum, Ursula

Number of pages: 38

Abstract/Description:

Investment and water are in a delicate relationship. Water is at the source of life and therefore not just a commodity, but also a scarce resource. UN human rights bodies and the European Court of Human Rights had to discuss and decide issues of access to safe drinking water and potential degradation of water. They have also played a role in many of the water-related investment arbitrations. This contribution seeks first to outline the normative and structural setup of the international legal framework with regard to water; second, to explore which requirements have so far been established by human rights bodies with regard to access to clean water; and third, to assess how investment tribunals have dealt with water-related cases. It then provides an overview of conclusions that can be derived from human rights as well as from investment case law.