Drinking water and wastewater services must be provided to many sectors of a nation's economy, including its industrial, commercial, and residential sectors. This forms the scope of the water industry's activities and it explains why the privatization of water sanitation and water services has become a huge market and a much-debated issue in a number of jurisdictions. Historically the water industry has been run as a public service which is owned by the local or national government; however, recent trends suggest that the role of the private sector is increasing. The growing economic interests concerning water and wastewater services are generating a tension with the recent recognition of the human right to water and sanitation. This tension between human right and economic rules is the focus of this book, which reviews all the international rules that form the regulation of global water services.
Drinking water and wastewater services must be provided to many sectors of a nation's economy, including its industrial, commercial, and residential sectors. This forms the scope of the water industry's activities and it explains why the privatisation of water sanitation and water services has become a huge market and a much-debated issue in a number of jurisdictions. Historically the water industry has been run as a public service which is owned by the local or national government, recent trends suggest that the role of the private sector is increasing. The growing economic interests concerning water and wastewater services are generating a tension with the recent recognition of the human right to water and sanitation. This tension between human right and economic rules is the focus of this book, which reviews all the international rules that form the regulation of global water services.
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.
In the quest to reduce costs and improve the efficiency of water and wastewater services, many communities in the United States are exploring the potential advantages of privatization of those services. Unlike other utility services, local governments have generally assumed responsibility for providing water services. Privatization of such services can include the outright sale of system assets, or various forms of public-private partnershipsâ€"from the simple provision of supplies and services, to private design construction and operation of treatment plants and distribution systems. Many factors are contributing to the growing interest in the privatization of water services. Higher operating costs, more stringent federal water quality and waste effluent standards, greater customer demands for quality and reliability, and an aging water delivery and wastewater collection and treatment infrastructure are all challenging municipalities that may be short of funds or technical capabilities. For municipalities with limited capacities to meet these challenges, privatization can be a viable alternative. Privatization of Water Services evaluates the fiscal and policy implications of privatization, scenarios in which privatization works best, and the efficiencies that may be gained by contracting with private water utilities.
This volume focuses on how, in Europe, the debate on the commons is discussed in regard to historical and contemporary dimensions, critically referencing the work of Elinor Ostrom. It also explores from the perspective of new institutional political ecology (NIPE) how Europe directly and indirectly affected and affects the commons globally. Most of the research on the management of commons pool resources is limited to dealing with one of two topics: either the interaction between local participatory governance and development of institutions for commons management, or a political- economy approach that focuses on global change as it is related to the increasingly globalised expansion of capitalist modes of production, consumption and societal reproduction. This volume bridges the two, addressing how global players affect the commons worldwide and how they relate to responses emerging from within the commons in a global- local (glocal) world. Authors from a range of academic disciplines present research findings on recent developments on the commons, including: historical insights; new innovations for participatory institutions building in Europe or several types of commons grabbing, especially in Africa related to European investments; and restrictions on the management of commons at the international level. European case studies are included, providing interesting examples of local participation in commons resource management, while simultaneously showing Europe as a centre for globalized capitalism and its norms and values, affecting the rest of the world, particularly developing countries. This book will be of interest to students and researchers from a wide range of disciplines including natural resource management, environmental governance, political geography and environmental history.
Setting the scene with a thorough introduction to water resource issues, Water Privatisation critically examines the new role played by Trans-National Corporations in managing and distributing water worldwide. Written from an organisational and institutional perspective, the authors propose new structures of water management at local, national and international scales allowing for the implementation of simple, cohesive and effective policies. Clear, focused, extensively referenced and drawing from cutting edge research in public administration this book is an essential tool for enabling the water and waste water services professional, be they producer, operator or regulator to communicate within a clear regulatory framework.
Regulation, Markets and Poverty analyses the policy implications of research into issues of competition, regulation and regulatory governance in developing countries. Particular attention is paid to factors affecting poverty and to the connection between regulation, competition and poverty. It represents the culmination of research undertaken in the past five years by the Centre on Regulation and Competition. Written in a non-technical manner with references to the more technical literature, each chapter draws on the work of leading experts across a range of disciplines who frequently challenge conventional wisdom. This accessible and lively study will appeal to policymakers and practitioners dealing with regulation and competition in developing countries, postgraduate students of regulation, competition, public policy and international business. Staff of international development agencies and NGOs working on governance issues, competitiveness, utility policy and infrastructure investment will also find this important book of value and interest.
This book examines the role played by business in urban water governance by analyzing the evolution of the global private water sector along with four public-private partnerships in Mexico and the U.S. The local nature of water services often hides the global developments behind the rise of transnational water corporations, which have gone from being local operators to becoming dynamic and powerful actors within an interconnected transnational space for water. This book focuses on the French groups Veolia and Suez, two of the most prominent private actors in global water governance, and the development and adaptation strategies of both companies in the cities of Aguascalientes, Mexico City, Atlanta, and Milwaukee over the past 30 years. Drawing on over 100 interviews conducted with corporate executives, public authorities, and local users of water services, this book moves beyond the simplistic dichotomy of the public-private debate and develops a theoretical framework that analyzes the economic and political power wielded by transnational business actors in global water governance. Not only does the book explain how Veolia and Suez strategically mobilize resources at difference scales in order to expand their global operations, but it also provides a nuanced picture of how state regulation remains of central importance to understanding the dynamics and evolution of the global water sector. Students and scholars interested in business and the environment, including public-private partnerships, business management and transnational corporations, and water governance, will find this book of great interest as will professionals and policymakers working in these fields.
The privatization of water supply and wastewater systems, together with institutional restructuring of governance – through decentralization and the penetration of global firms in local and regional markets – have been promoted as solutions to increase economic efficiency and achieve universal water supply and sanitation coverage. Yet a significant share of service provision and water resources development remains the responsibility of public authorities. The chapters in this book – with case evidence from Argentina, Chile, France, the USA, and other countries – address critical questions that dominate the international agenda on public versus private utilities, service provision, regulations, and resource development. This book presents varied perspectives – largely complementary but at times contrasting – on public and private governance of water. Public authority in general is being reasserted over service provision, while resource development and investments in infrastructure continue as a mix of public and private initiatives. But more important, increased oversight and regulation of market-based initiatives that until recently were touted as panaceas for water supply and sanitation are increasingly being reconsidered on the basis of social equity, environmental, and public health concerns. This book was based on the special issue of Water International.
"Pillar of Sand points the way toward protecting rivers and vital ecosystems even as we aim to produce enough food for a projected 8 billion people by the year 2030. Postel shows how innovative irrigation technologies and strategies can alleviate hunger and environmental stress at the same time. And she calls for a new ethic of sufficiency and sharing in response to impending water limits."--BOOK JACKET.
