Abstract

ECHAIDE, Javier. CASES AT ICSID AND THE HUMAN RIGHT TO WATER: INVESTMENT TREATIES VS. HUMAN RIGHTS?. Int. Law: Rev. Colomb. Derecho Int. [online]. 2017, n.31, pp.81-114. ISSN 1692-8156.  https://doi.org/10.11144/javeriana.il14-29.dcdh.

Argentina is the most sued country in the International Centre for Settlement of Investment Disputes (ICSID) and one of the most Bilateral Investment Treaties (BITs) signed (58 in total, 55 into force). Most of these lawsuits were filed by transnational corporations (TNCs) by the 2001-2002 crisis and linked to economic sectors related to natural resources. 20% of these claims are related to the drinking water and sanitation, which also makes Argentina in the country that has received claims in ICSID this sector. These are cases of social conflict and where the role of the state is evident as a regulator against the claim of protection of private property by TNCs, which highlights a legal asymmetry that favors the protection of investments on the protection of rights humans, particularly the human right to water recognized by the UN in 2010. Taking the Argentine case as a witness, this paper will present an asymmetry that violates the most basic foundations of international law, highlighting the need to revise the international investment protection regime and its relevance to the human rights obligations erga omnes.

Keywords : International investments; Treaties; Transnational corporations; Human Rights; Water markets.

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