書誌事項

Fresh water and international economic law

edited by Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder

(International economic law series)

Oxford University Press, 2005

  • : hardback

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注記

Includes bibliographical references (p. [455]-464) and index

収録内容
  • Cooperation or confrontation : sustainable water use in an international context / Urs Luterbacher and Ellen Wiegandt
  • Water transfers : a means to achieve sustainable water use / A. Dan Tarlock
  • Water transfers and international trade law / Edith Brown Weiss
  • The human right to water / Stephen C. McCaffrey
  • Water services at the WTO / Mireille Cossy
  • GATS and its impact on private sector participation in water services / Elisabeth Tuerk, Aaron Ostrovsky, and Robert Speed
  • Economics of water services and the right to water / Henri Smets
  • Ground water regulation and water crisis rhetoric : Syria as a case study / Ronald Jaubert and Mohamed Al-Dbiyat
  • Water, agriculture, and subsidies in the international trading system / Nathalie Bernasconi-Osterwalder
  • Water-related investment : a European perspective / Andreas R. Ziegler
  • International investment rules and water : learning from the NAFTA experience / Nathalie Bernasconi-Osterwalder and Edith Brown Weiss
  • Water concessions and protection of foreign investments under international law / Serge Pannatier and Olivier Ducrey
  • Local communities and water investments / Philippe Cullet and Alix Gowlland-Gualtieri
  • Water and economics : trends in dispute settlement procedures and practice / Laurence Boisson de Chazournes
  • Transparency, public participation, and amicus curiae in water disputes / Makane Moïse Mbengue and Mara Tignino
内容説明・目次

内容説明

Fresh water resources are at the same time ecological, economic, social, and cultural goods and must be managed accordingly. However, efforts to manage these resources are complicated by tensions arising from possible clashes between the regimes favouring privatization, trade and investment liberalization, and domestic and international regimes governing water resources, environmental protection and human rights. The relationships between the international economic and legal framework on the one hand and fresh water resource management and protection on the other, are complex and multifaceted. This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines. It examines such questions as are governments free to decide whether or not to export water resources? Can foreign investors sue host states for adopting measures to control water pollution? Can international trade rules be used to reduce or eliminate water related subsidies? Do rules on the liberalization of water services affect domestic and international human rights obligations relating to water supply? More generally, how do the procedural rights of states, individuals, affected communities and investors affect decisions regarding the right to drinking water, the rights of investors to exploit water resources, and the rights of governments to protect their lakes, rivers and groundwater?

目次

  • List of Tables and Figures
  • List of Acronyms and Abbreviations
  • Introduction
  • PART 1 TRADE OF FRESH WATER: GEOPOLITICS, LAW, AND ECONOMICS
  • 1. Cooperation or Confrontation: Sustainable Water Use in an International Context
  • 2. Water Transfers: A Means to Achieve Sustainable Water Use
  • 3. Water Transfers and International Trade Law
  • PART 2 WATER SERVICES, THE GATS AND RELATED ISSUES
  • 4. The Human Right to Water
  • 5. Water Services at the WTO
  • 6. GATS and its Impact on Private Sector Participation in Water Services
  • 7. Economics of Water Services and the Right to Water
  • PART 3 WATER SUBSIDIES AND AGRICULTURE
  • 8. Ground Water Regulation and Water Crisis Rhetoric: Syria as a Case Study
  • 9. Water, Agriculture and Subsidies in the International Trading System
  • PART 4 WATER AND INVESTMENT
  • 10. Water-Related Investment: A European Perspective
  • 11. International Investment Rules and Water: Learning from the NAFTA Experience
  • 12. Water Concession and Protection of Foreign Investments Under International Law
  • 13. Local Communities and Water Investments
  • PART 5 RESOLUTION OF WATER DISPUTES, WITH SPECIAL EMPHASIS ON ECONOMIC ISSUES
  • 14. Water and Economics: Trends in Dispute Settlement Procedures and Practice
  • 15. Transparency, Public Participation and Amicus Curiae in Water Disputes
  • Appendix A: General Comment No 15, The right to water (Articles 11 and 12 of the International Covenant of Economic, Social and Cultural Rights)
  • Appendix B: The General Agreement on Tariffs and Trade 1947, as amended (extracts)
  • Appendix C: The General Agreement on Trade in Services (extracts)
  • Appendix D: 1993 Statement by the Governments of Canada, Mexico and the United States
  • Appendix E: International Joint Commission, Protection of the Waters of the Great Lakes: Final Report to the Governments of Canada and the United States, February 22, 2000 (extracts)
  • Appendix F: Chapter 11 of NAFTA (extracts)
  • Appendix G: Bibliography
  • Appendix H: Selected Websites
  • Index

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