The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond
The privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of h...
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Utrecht University School of Law
2020
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oai:doaj.org-article:b0c3f5d547794fd1b799d941da1abeca2021-11-08T08:17:04ZThe Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond1871-515X10.36633/ulr.572https://doaj.org/article/b0c3f5d547794fd1b799d941da1abeca2020-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/572https://doaj.org/toc/1871-515XThe privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of how the human right of access to water is applied and interpreted in international investment law. To this end, four Argentinian investment water disputes 'Azurix v. Argentina, AWG v. Argentina, Impregio v. Argentina and Urbaser v. Argentina' concluded in the last 20 years are subjected to a comparative analysis. The evaluation of four tribunals’ decisions signals the reformative evolution that is taken place in international investment law. The most recent of the four cases ('Urbaser v. Argentina') belongs to the body of recent jurisprudence, where the state’s right to regulate as well as investors’ responsibilities have been acknowledged by tribunals. Drawing on more recent policy developments in investment law, it is argued that 'Urbaser' case is not an exception, but an indication of gradual transformation of investment regime to a more balanced system.Yulia LevashovaUtrecht University School of Lawarticleiiashuman rightswater privatisationisdsfdiLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 16, Iss 2, Pp 110-124 (2020) |
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iias human rights water privatisation isds fdi Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
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iias human rights water privatisation isds fdi Law in general. Comparative and uniform law. Jurisprudence K1-7720 Yulia Levashova The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
description |
The privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of how the human right of access to water is applied and interpreted in international investment law. To this end, four Argentinian investment water disputes 'Azurix v. Argentina, AWG v. Argentina, Impregio v. Argentina and Urbaser v. Argentina' concluded in the last 20 years are subjected to a comparative analysis. The evaluation of four tribunals’ decisions signals the reformative evolution that is taken place in international investment law. The most recent of the four cases ('Urbaser v. Argentina') belongs to the body of recent jurisprudence, where the state’s right to regulate as well as investors’ responsibilities have been acknowledged by tribunals. Drawing on more recent policy developments in investment law, it is argued that 'Urbaser' case is not an exception, but an indication of gradual transformation of investment regime to a more balanced system. |
format |
article |
author |
Yulia Levashova |
author_facet |
Yulia Levashova |
author_sort |
Yulia Levashova |
title |
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
title_short |
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
title_full |
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
title_fullStr |
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
title_full_unstemmed |
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond |
title_sort |
right of access to water in the context of investment disputes in argentina: urbaser and beyond |
publisher |
Utrecht University School of Law |
publishDate |
2020 |
url |
https://doaj.org/article/b0c3f5d547794fd1b799d941da1abeca |
work_keys_str_mv |
AT yulialevashova therightofaccesstowaterinthecontextofinvestmentdisputesinargentinaurbaserandbeyond AT yulialevashova rightofaccesstowaterinthecontextofinvestmentdisputesinargentinaurbaserandbeyond |
_version_ |
1718442844595683328 |