University of Sussex
Browse
1/1
2 files

Private actors, public goods and responsibility for the right to water in international investment law: an analysis of Urbaser v. Argentina

journal contribution
posted on 2023-06-09, 13:06 authored by Edward GuntripEdward Guntrip
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. It is argued 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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Brill Open Law

ISSN

2352-7072

Publisher

Brill Academic Publishers

Issue

1

Volume

1

Page range

37-60

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-04-27

First Open Access (FOA) Date

2018-08-07

First Compliant Deposit (FCD) Date

2018-05-31

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC