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...

Descripción completa

Guardado en:
Detalles Bibliográficos
Autor principal: Yulia Levashova
Formato: article
Lenguaje:EN
Publicado: Utrecht University School of Law 2020
Materias:
fdi
Acceso en línea:https://doaj.org/article/b0c3f5d547794fd1b799d941da1abeca
Etiquetas: Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
id oai:doaj.org-article:b0c3f5d547794fd1b799d941da1abeca
record_format dspace
spelling 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)
institution DOAJ
collection DOAJ
language EN
topic iias
human rights
water privatisation
isds
fdi
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
spellingShingle 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