The Right to Water Before Investment Tribunals

Abstract

Access to safe drinking water and potential water degradation have played a role in many water-related investment arbitrations. This paper looks at two different types of investment cases that have emerged with an impact on water: First, it analyses cases that have arisen from privatizations in the water sector. They mainly concern problems connected with physical access to water and affordability. Second, it discusses cases concerning investments in other industries that have the potential to degrade water quality or to have a negative impact on the maritime environment. Using these typical constellations it focuses on the methodology tribunals adopt to deal with potential tensions between the right to water and investor rights.