Charting the Water Regulatory Future


Charting the Water Regulatory Future

Issues, Challenges and Directions

9781785366710 Edward Elgar Publishing
Edited by Julien Chaisse, Professor, School of Law, City University of Hong Kong, and President, Asia Pacific FDI Forum, Hong Kong SAR
Publication Date: 2017 ISBN: 978 1 78536 671 0 Extent: 448 pp
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.

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Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers, and legal scholars to offer a number of proposals for the future of water regulation.

The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book covers all of the primary actors in the water world, including governments, companies, international organizations, and citizens.

With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment, as well as in international relations.
Critical Acclaim
‘Chaisse and the various contributors to this book have made a timely addition to the water regulation discourse. They have produced a valuable resource for policy-makers who must resolve increasingly complex water regulation issues across a range of different contexts. It is also valuable to people at all other levels of society who are looking for something they can do either individually or as a community to move toward a positive water regulatory future.’
– Heidi White, University of Tasmania Law Review

‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’
– Fernando Dias Simões, European Yearbook of International Economic Law 2018

‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’
– Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy

‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’
– Thomas J. Schoenbaum, George Washington University Law School, US

‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’
– Alan Randall, The Ohio State University, US and University of Sydney, Australia

‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’
– Darryl Jarvis, Hong Kong Institute of Education

‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’
– Tsai-yu Lin, National Taiwan University

‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.''
– Chinese Journal of Environmental Law
Contributors: M. Ahmad, T. Ancev, S. Azad, R. Bates, D. Chakraborty, A.P. de Barcellos, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, A.Y.-H. Lai, J.A. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. Turrini


Ben Boer

1. Introduction
Julien Chaisse

2. Promoting Global Water-use Efficiency – Promises and Shortcomings of International Trade Rules
Manzoor Ahmad

3. The Trade in Water Services – How Does GATS Apply to the Water and Sanitation Services Sector?
Rebecca Bates

4. Virtual Water: A Global Economic Solution to a Local Environmental and Political Problem
Paolo Turrini

5. Foreign Investment in Water – Privatization, Globalisation and the Law
Julien Chaisse

6. The Right of the Host State to Regulate Water Services
Catharine Titi

7. Regulation and Protection of Water in International Law: Terrestrial and Marine Perspectives
Virginie J.M. Tassin

8. Is Investment Arbitration inimical to the Human Right to Water? The Re-examination of Arbitral Decisions on Water Services
Miharu Hirano and Shotaro Hamamoto

9. The Provision and Violation of Water Rights (The Case of Pakistan) – A Human Rights Based Approach
Sikander Ahmed Shah

10. The Human Right to Clean Water and Sanitation - A Perspective from Nigeria
Cosmas Emeziem

11. Troubled Waters: Impact of the Private Sector in Implementing the Right to Water
Preetha Mahadevan

12. Sanitation Rights, Public Law Litigation, and Inequality – A Case Study from Brazil
Ana Paula de Barcellos

13. Demand for Infrastructure Investment for Water Services – Key Features and Assessment Methods
Sacchidananda Mukherjee and Debashis Charkraborty

14. Residential Water Charges in Ireland – Policy Objectives and Funding Models
Thomas McDonnell

15. The Role of Multinationals in Providing Water Services – Are they More Efficient?
Tihomir Ancev, Samad Azad and Francesc Hernandez-Sancho

16. Microfinance in Water and Sanitation Services – Identifying Best Practices
Jonatan A. Lassa and Allen Yu-Hung Lai


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