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Revisiting Privatization Foreign Investment International Arbitration And Water
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Book Synopsis Revisiting Privatization, Foreign Investment, International Arbitration, and Water by : Miguel Solanes
Download or read book Revisiting Privatization, Foreign Investment, International Arbitration, and Water written by Miguel Solanes and published by UN. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: A subject relevant to the governance of water resources and public services is the effect that international trade and investment agreements may have on national capacities to manage natural resources and to regulate public services. The region has yet to assess the consequences that international investment agreements may have on the economic, social and environmental sustainability and efficiency of natural resources utilization and provision of public services. The report discusses the urgent need to begin a process of systemizing principles the duties of those investing in water-related activities, especially public services.
Book Synopsis Water Services Disputes in International Arbitration by : Xu Qian
Download or read book Water Services Disputes in International Arbitration written by Xu Qian and published by Kluwer Law International B.V.. This book was released on 2020-05-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpretation by arbitral tribunals applicable to investment in water and sanitation services, complete with thoroughly researched recommendations for those arbitral practitioners in the eye of the storm. Like no previous study the book clearly reveals how to reconcile the economic and fundamental human interests arising from investment in water and sanitation services under the international investment regime. Among many vital issues, the author highlights the importance of the following: legitimacy of a State’s alleged regulatory objectives, the suitability of the measures undertaken to achieve the objective, and whether there are less restrictive means available; legal framework and stability of the State; applicable law, changes in law, and emergency circumstances; economic issues such as water pricing; profit-driven private companies’ reluctance to serve the poor; investment tribunals’ generation of a “regulatory and jurisprudential regime” on water and sanitation services; and determination of liability in relation to expropriation, fair and equitable treatment, and necessity. Arguing that the current investment treaty and arbitral case law framework can regulate water and sanitation services if certain interpretations are favored by adjudicators, the author offers viable, sustainable, and reasonable legal solutions. A detailed annex presents cases decided before a variety of arbitral tribunals, as well as relevant WTO and ICJ cases, and reviews critical literature in the field. The increasing number of cases involved with States’ regulatory measures shows that stakes around water services generate specific legal problems which are new in the world of international economic law. As an incisive investigation of what has been called the “incursion of investment tribunal decisions into the regulatory autonomy of host States,” this profound and innovative analysis provides a coherent and consistent method of review that provides greater certainty to both States and investors and deters abuse of power. It will be welcomed by policymakers and stakeholders interested in the implications of “globalization” of water services for the capacity to adapt to climate change and will suggest ways to enable States to better manage vital water services, even after privatization to foreign companies.
Book Synopsis International Investment Law and Water Resources Management by : Ana Maria Daza-Clark
Download or read book International Investment Law and Water Resources Management written by Ana Maria Daza-Clark and published by BRILL. This book was released on 2016-12-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.
Book Synopsis River Basin Management in the Twenty-First Century by : Victor Roy Squires
Download or read book River Basin Management in the Twenty-First Century written by Victor Roy Squires and published by CRC Press. This book was released on 2014-07-10 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worldwide development of agriculture and industry creates burgeoning demands on natural resources. Management of the rivers and the surrounding landscape is one of the important tasks for today and for the foreseeable future. Lessons learned from centuries of management (and mismanagement) have been distilled into principles and practices which form the subject matter for this book. It provides both a global perspective and an entrée to the special problems associated with management of transboundary rivers.
Book Synopsis The Regulation of the Global Water Services Market by : Julien Chaisse
Download or read book The Regulation of the Global Water Services Market written by Julien Chaisse and published by Cambridge University Press. This book was released on 2017-01-26 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation in Water Policies in the Riparian ASEAN Member States
Book Synopsis Host Government Agreements and the Law in the Energy Sector by : Hakan Sahin
Download or read book Host Government Agreements and the Law in the Energy Sector written by Hakan Sahin and published by Routledge. This book was released on 2018-12-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Author :Organisation for Economic Co-Operation and Development (OECD) Publisher :IWA Publishing ISBN 13 :1843392712 Total Pages :134 pages Book Rating :4.8/5 (433 download)
Book Synopsis Private Sector Participation in Water Infrastructure by : Organisation for Economic Co-Operation and Development (OECD)
Download or read book Private Sector Participation in Water Infrastructure written by Organisation for Economic Co-Operation and Development (OECD) and published by IWA Publishing. This book was released on 2009-03-15 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part of OECD Water Policy and Finance Set - Buy all four reports and save over 30% on buying separately! Many countries have sought the involvement of the private sector to upgrade and develop their water and sanitation infrastructure and improve the efficiency of water systems. However, high capital intensity, large initial outlays, long pay-back periods, immobility of assets and low rates of return generate high risks. These factors, when combined with poor initial information and weak investment environment, limit the scale of private sector participation in water and sanitation infrastructure. Recognising this, the OECD has developed practical guidance, building on the OECD Principles for Private Sector Participation in Infrastructure, to help governments and other stakeholders to assess and manage the implications of involving private actors in the financing, development and management of water and sanitation infrastructure. The resulting OECD Checklist for Public Action provides a coherent catalogue of policy directions for consideration by governments, including appropriate allocation of roles, risks and responsibilities, framework conditions and contractual arrangements necessary to make the best of private sector participation and harness more effectively the capacities of all stakeholders. This title is co-published with the OECD See also: Public and Private Participation in the Water and Wastewater Sector - Developing Sustainable Legal Mechanisms, Cledan Mandri-Perrott, 2009; Public Private Partnerships in the Water Sector, Innovation and Financial Sustainability, Cledan Mandri-Perrott and David Stiggers, 2012
Book Synopsis Charting the Water Regulatory Future by : Julien Chaisse
Download or read book Charting the Water Regulatory Future written by Julien Chaisse and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the issues, challenges and directions currently faced by water as a key resource for mankind. The book aims at providing a finer understanding of the water regulatory future. The contributions in this book are grouped around specific themes. In Part I, the contributions address the water challenge to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. In Part III, the discussion covers the economic drivers shaping the future of water.
Book Synopsis OECD Studies on Water Private Sector Participation in Water Infrastructure OECD Checklist for Public Action by : OECD
Download or read book OECD Studies on Water Private Sector Participation in Water Infrastructure OECD Checklist for Public Action written by OECD and published by OECD Publishing. This book was released on 2009-03-16 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a coherent catalogue of policy directions, including appropriate allocation of roles, risks and responsibilities, framework conditions and contractual arrangements necessary to make the best of private sector participation in water infrastructure.
Book Synopsis The Evolution and Future of International Arbitration by : Stavros Brekoulakis
Download or read book The Evolution and Future of International Arbitration written by Stavros Brekoulakis and published by Kluwer Law International B.V.. This book was released on 2016-06-24 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
Download or read book Water Justice written by Rutgerd Boelens and published by Cambridge University Press. This book was released on 2018-03-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water justice is becoming an ever-more pressing issue in times of increasing water-based inequalities and discrimination. Megacities, mining, forestry, industry and agribusiness claim an increasingly large share of available surface and groundwater reserves. Water grabbing and pollution generate poverty and endanger ecosystems' sustainability. Beyond large, visible injustices, the book also unfolds the many 'hidden' water world injustices, subtly masked as 'rational', 'equitable' and 'democratic'. It features critical conceptual approaches, including analysis of environmental, social, cultural and legal issues surrounding the distribution and management of water. Illustrated with case studies of historic and contemporary water injustices and contestations around the world, the book lays new ground for challenging current water governance forms and unequal power structures. It also provides inspiration for building alternative water realities. With contributions from renowned scholars, this is an indispensable book for students, researchers and policymakers interested in water governance, environmental policy and law, and political geography.
Book Synopsis Eating, Drinking: Surviving by : Peter Jackson
Download or read book Eating, Drinking: Surviving written by Peter Jackson and published by Springer. This book was released on 2016-11-24 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication addresses the global challenges of food and water security in a rapidly changing and complex world. The essays highlight the links between bio-physical and socio-cultural processes, making connections between local and global scales, and focusing on the everyday practices of eating and drinking, essential for human survival. Written by international experts, each contribution is research-based but accessible to the general public.
Book Synopsis Public Private Partnerships for Urban Water Utilities by : Philippe Marin
Download or read book Public Private Partnerships for Urban Water Utilities written by Philippe Marin and published by World Bank Publications. This book was released on 2009-09-22 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Public-Private Partnerships for Urban Water Utilities: A Review of Experiences in Developing Countries' analyzes the market growth of Public-Private Partnerships (PPPs) in the developing world since 1990, and the performance of more than 65 large water PPP projects representing more than 100 million people for access, service quality, operational efficiency, and tariff levels. Although a relatively small portion of the water utilities in the developing world are operated under PPPs (about 7 percent in 2007), the urban population served by private water operators has grown every year since 1990. Despite many difficulties encountered by PPP projects and a few contract terminations, a large majority of contracts awarded since 1990 are still in place. The track record for improving service and efficiency reaffirms the value of PPPs to help turn around poorly performing water utilities, even though the level of private financing did not match initial expectations. Over time, a more realistic market has developed, the number of private investors from developing countries has grown, and contract designs have become more pragmatic concerning risk allocations between partners. The water sector has many features that set it apart from other infrastructure sectors. This book suggests the need for careful consideration of those specificities to successfully involve private operators. Although concessions with private financing have worked in a few places, contractual arrangements that combine private operation with public financing appear to be the most sustainable option in many countries. Policy makers, stakeholders, and donors need to remain heavily engaged in the water sector, especially in the poorest countries and during a global financial crisis. This book contributes to a better understanding of the various options to tackle the many challenges of providing water and sanitation services to urban populations in the developing world.
Book Synopsis Hydrosocial Territories and Water Equity by : Rutgerd Boelens
Download or read book Hydrosocial Territories and Water Equity written by Rutgerd Boelens and published by Routledge. This book was released on 2018-08-15 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a multidisciplinary set of scholars and diverse case studies from across the globe, this book explores the management, governance, and understandings around water, a key element in the assemblage of hydrosocial territories. Hydrosocial territories are spatial configurations of people, institutions, water flows, hydraulic technology and the biophysical environment that revolve around the control of water. Territorial politics finds expression in encounters of diverse actors with divergent spatial and political–geographical interests; as a result, water (in)justice and (in)equity are embedded in these socio-ecological contexts. The territory-building projections and strategies compete, superimpose and align to strengthen specific water-control claims of various interests. As a result, actors continuously recompose the territory’s hydraulic grid, cultural reference frames, and political–economic relationships. Using a political ecology focus, the different contributions to this book explore territorial struggles, demonstrating that these contestations are not merely skirmishes over natural resources, but battles over meaning, norms, knowledge, identity, authority and discourses. The articles in this book were originally published in the journal Water International.
Book Synopsis International Courts and the Development of International Law by : Nerina Boschiero
Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 951 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Book Synopsis Transboundary Water Cooperation by : Patricia Wouters
Download or read book Transboundary Water Cooperation written by Patricia Wouters and published by Routledge. This book was released on 2018-10-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China is of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China’s water resource issues, legal practices and options, examine case studies of China’s southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.
Book Synopsis The United Nations world water development report 2015: water for a sustainable world by : Connor, Richard
Download or read book The United Nations world water development report 2015: water for a sustainable world written by Connor, Richard and published by UNESCO Publishing. This book was released on 2015-03-23 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations World Water Assessment Programme (WWAP) is hosted and led by UNESCO. WWAP brings together the work of 31 UN-Water Members as well as 37 Partners to publish the United Nations World Water Development Report (WWDR) series. Under the theme Water for Sustainable Development, the WWDR 2015 has been prepared as a contribution from UN-Water to the discussions surrounding the post-2015 framework for global sustainable development. Highlighting water's unique and often complex role in achieving various sustainable development objectives, the WWDR 2015 is addressed to policy- and decision-makers inside and outside the water community, as well as to anyone with an interest in freshwater and its many life-giving benefits. The report sets an aspirational yet achievable vision for the future of water towards 2050 by describing how water supports healthy and prosperous human communities, maintains well functioning ecosystems and ecological services, and provides a cornerstone for short and long-term economic development. It provides an overview of the challenges, issues and trends in terms of water resources, their use and water-related services like water supply and sanitation. The report also offers, in a rigorous yet accessible manner, guidance about how to address these challenges and to seize the opportunities that sound water management provides in order to achieve and maintain economic, social and environmental sustainability.
