紹介
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 policies favouring privatization, trade and investment liberalization, and domestic and international regimes governing water resources, environmental protection and human rights. International rules on trade and investment may affect efforts by governments to manage and protect their fresh water resources and to regulate services for delivery of fresh water. 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
