Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Water Alternativesarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Water Alternatives
Article . 2019
Data sources: DOAJ
addClaim

Legal Barriers to Remunicipalisation? Trade Agreements and Investor-State Investment Protection in Water Service

Authors: Britta Kynast;

Legal Barriers to Remunicipalisation? Trade Agreements and Investor-State Investment Protection in Water Service

Abstract

This article analyses the relevance of investment protection rules as they relate to the remunicipalisation of water services. It describes why investor-state dispute settlement (ISDS) is deemed to be controversial and provides case-law examples. The article focuses on treaty provisions as they relate to the process of remunicipalisation, such as the fair and equitable treatment standard and specific clauses, and highlights where future challenges might come into play, such as environmental issues, which are directly or indirectly related to water scarcity or discussions of water as a human right. The role of municipalities, with regard to both the negotiations of free trade agreements (FTAs) and actual ISDS proceedings, is described. Analysis is accompanied by concrete advice for local actors and communities, demonstrating how challenges for remunicipalisation can be addressed, with regard to both existing FTAs and future negotiations of trade agreements.

Keywords

water, Hydraulic engineering, Remunicipalisation, TC1-978, free trade agreements, investor-state dispute settlement

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold