The role of amicus curiae in implementing the human right to water in the context of international investment law

Abstract

AbstractForeign investment in the privatization of water services can help to promote the realization of the human right to water. However, there are instances where this has not been the case, resulting in disputes between host States and foreign investors that are brought to international arbitration. Given that these cases are at the intersection of investment and human rights, amici curiae have applied for standing and made submissions. This article explores the procedural and substantive roles of amicus curiae in implementing the right to water in the context of international investment law. The procedural role includes their contribution to the establishment of amicus curiae mechanisms which, in turn, becomes a vehicle for further amicus curiae participation. Substantively, amicus curiae could further develop the argument of the right to water through their submissions, which could influence arbitral proceedings. Ultimately, both roles assist in the implementation of the human right to water.