ABSTRACT
This chapter examines how investment law interacts with the human right to safe drinking water and sanitation in international investment agreements (IIA), comprising both bilateral investment treaties as well as preferential trade agreements with investment provisions. It describes what way, if any, investment protection standards as included in IIAs affect the right to water. The chapter also examines whether foreign investor’s legitimate expectations are affected by a host state’s measure to regulate the supply and maintenance of water on public policy objectives, including by implementing specific human rights obligations. It considers the human right to water can be used as a defence in investor-State dispute settlement (ISDS) by the respondent state. However, reference to human rights in ISDS awards has been occasional, generally addressed in broader terms and limited to provide guidance to the arbitrator in order to interpret substantive protections established in favour of foreign investors.
