Emergence of the Human Right to Water in an Era of Globalization and Its Implications for International Investment Law

Bringing to the forefront an analysis of the utility of public/private investment partnerships and their trade related notions, this chapter asks whether the emphasis of the Millennium Development Goals on the fundamental needs of the human population needs to be seen from a realistic perspective. It examines the human right to water with emphasis on the involvement of the private sector in ensuring affordability of water, equality of access without restrictions, and quality of supply. It considers a variety of international developments including the policies and practices that emerged under the aegis of a number of international organizations advocating private investment in water services, however, with social safeguards. It also examines the complexities being handled by the States in the fulfilment and realization of the human right to water.