The human right to water: defences to investment treaty violations

At times, and for a variety of reasons, states will regulate the market in the furtherance of public-policy objectives—including to implement specific human rights obligations. Where investment agreements are in place, these kinds of measures may trigger an investor’s claim for breach by the state of its treaty obligations. Over the course of the last few decades, these hitherto distinct areas of international law protecting international investment on the one hand, and human rights on the other, have intersected with increasing regularity. Investment arbitration tribunals tasked with adjudicating a state’s conduct vis-a`-vis its treaty obligations are now engaging in in-depth analyses of international human rights issues, including questions of applicability and substance. This article charts the development of the ‘right to water’ as a stand-alone human right in international legal jurisprudence and examines the future implications arising from key international policy developments.

A link to the full article is here.

The article is published in Arbitration International, the official journal of the London Court of International Arbitration (pub. OUP).

For further information, please contact Bree Farrugia, Senior Associate or your usual Herbert Smith Freehills contact.

Bree Farrugia
Bree Farrugia
Senior Associate
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+81 3 5412 5471

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