THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS), WATER, AND HUMAN RIGHTS FROM THE PERSPECTIVE OF DEVELOPING COUNTRIES

• Published in: Netherlands international law review Vol. 58; no. 1; pp. 43 - 75
• Main Authors: Alam, Shawkat, Mukhopadhaya, Pundarik, Randle, David
• Format: Journal Article
• Language: English
• Published: The Hague, NL T.M.C. Asser Press 01-05-2011; Springer International Publishing; Springer Nature B.V
• Subjects: Agreements; Comparative Law; Consumer protection; Developing countries; Development strategies; Drinking water; GATS; Human rights; International & Foreign Law; International law; International trade; Law; Law and Criminology; LDCs; Liberalization; Millenium Development Goals; Natural resources; Private International Law; Privatization; Public International Law; Sanitation services; Studies; Tariffs; Water; Water rights; World Trade Organization; Water; Human rights; Water services; WTO; GATS; Developing countries; Privatisation; Water Service; Market Access Provision; Much Favoured Nation Treatment; National Treatment Obligation; Water Service Sector
• ISSN: 0165-070X; 1741-6191
• DOI: 10.1017/S0165070X11100029

It is widely accepted that the provision of access to safe drinking water and sanitation services for the world's poor is one of the great developmental challenges of the modern era. There is a need to establish mechanisms that enable the human right to water to be satisfied in developing states. This article will discuss how the General Agreement on Trade in Services (GATS) can be used to facilitate the promotion of quality and affordable water services to developing states. Indeed, it is argued that the WTO and the GATS are the most appropriate mechanisms to successfully satisfy the human right to water in developing countries. The challenges of adopting a multilateral model will be explored, and the importance of adopting capacity-building issues and pricing challenges within an amended GATS framework will be addressed. The nexus between the GATS and the trend towards privatisation will also be considered. The aim of this article is to contribute towards a greater understanding of the role that international trade law in general, and the GATS in particular, can play as part of a holistic response to the immense problems (present and future) relating to water resources in LDCs.