Right to Water in the Shadow of Trade Liberalization

Abstract

This chapter firstly traces the legal foundation of right to water to concretize States’ human right obligations and explores potential conflicts between the right to water and service liberalization commitments. This chapter, by looking to the structure of GATS, will argue that the right to regulate should be a channel linking members' human right obligations and their commitments under GATS. In this context, this chapter will attempt to resolve potential conflicts by means of an interpretative approach informed by the dual nature of right to regulate, with particular emphasis on deference to national regulators. Emphasizing the different natures of the right to regulate in human rights and trade law, this chapter suggests that the right to regulate under GATS can bridge WTO members’ obligation to guarantee the right to water in a liberalized water services market, and the object of higher levels of trade liberalization, including basic services.

Keywords: right to regulate, right to water, water service, service liberalization, WTO