The Role of Investment Arbitration in Water Services Governance

19(2) Water Policy 271-285 (2017)

Posted: 8 Feb 2017 Last revised: 20 Jan 2021

See all articles by Fernando Dias Simões

Fernando Dias Simões

Lusíada University of Porto; Portucalense University

Date Written: 2017

Abstract

The flux of foreign investment into the water industry that took place over recent decades had a significant impact on the relationship between water companies and states. The creation of a global network of international investment agreements also altered the method of adjudication of possible disputes between the parties. The emergence of global water markets and the advent of Public–Private Partnerships led to the emergence of what has been called Global Water Governance. This articles analyses how the decisions of arbitral tribunals in water-related disputes are becoming an integral part of this global regulatory system and discusses their impact in water services governance. Governments are increasingly required to have a thorough knowledge of the functioning and possible implications of the legal frameworks that underpin foreign investments in the water services market.

Suggested Citation

Dias Simões, Fernando, The Role of Investment Arbitration in Water Services Governance (2017). 19(2) Water Policy 271-285 (2017), Available at SSRN: https://ssrn.com/abstract=2912637

Fernando Dias Simões (Contact Author)

Lusíada University of Porto ( email )

Porto
Portugal

Portucalense University ( email )

Porto
Portugal

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