Skating on Thin Ice: The Human Right to Water in Investor-State Dispute Settlement

Abstract

In a number of investor-State dispute settlement (ISDS) cases between the 2000s and the 2010s, a tension arose between the State’s duty to protect its inhabitants by means of policy measures aimed at safeguarding the environment and human health, ensuring that people can enjoy clean, available, and affordable water, and the State’s commitment to protect foreign direct investment under international investment treaties. This paper discusses the right to water as acknowledged by international agreements and United Nations Resolutions, retraces the evolution of foreign direct investment in water services management, examines the interests at stake in investment disputes, and suggests options for balancing the rights of investors and the right to water.