waterbrief_3sept03-cea9e17021844213.pdf

The briefing examines how the push for water privatization by the World Bank and IMF, alongside the constraints of Bilateral Investment Treaties (BITs) and the General Agreement on Trade in Services (GATS), undermines the ability of national governments to protect access to water as a human right. It highlights the 'lock-in' effect of these international legal frameworks, which can penalize states for adopting social or environmental regulations. The document recommends that governments carefully assess the impact of these agreements on marginalized populations and explicitly exclude sensitive sectors like water from trade commitments to ensure sustainable development.

• Access to water is recognized as a human right by various international declarations, including a November 2002 General Comment by the UN Committee on Economic, Cultural and Social Rights, which defines water as a "social and cultural good, not merely an economic commodity."
• The World Bank and IMF use 'conditionalities' to pressure developing countries into adopting privatization policies for essential services like water in exchange for loans and debt relief. For example, in 1999, the World Bank conditioned debt relief for Mozambique on the privatization of the water supply in Maputo.
• Bilateral Investment Treaties (BITs) and regional agreements like NAFTA can 'lock in' privatization by allowing private corporations to sue governments in international tribunals if domestic policy changes—such as new environmental regulations—negatively affect the investor's interests.
• The General Agreement on Trade in Services (GATS) may compel countries to open water markets to foreign private providers through 'bilateral request-offer negotiations.' Once commitments are made, the process for modifying them is described as "extremely burdensome" and often ineffective.
• There is a risk that following IFI recommendations to liberalize services may inadvertently bring those services under the scope of GATS, as the introduction of commercial elements may remove the service from the "governmental services exclusion."

APA

Center for International Environmental Law (2003). waterbrief_3sept03-cea9e17021844213.pdf. https://www.ciel.org/wp-content/uploads/2015/03/Waterbrief_3Sept03.pdf

Chicago

Center for International Environmental Law. waterbrief_3sept03-cea9e17021844213.pdf. 2003. https://www.ciel.org/wp-content/uploads/2015/03/Waterbrief_3Sept03.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=waterbrief_3sept03-cea9e17021844213.pdf |date=July 2003 |url=https://www.ciel.org/wp-content/uploads/2015/03/Waterbrief_3Sept03.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2003waterbrief3sept03cea9e17021844213pdf, author = {{Center for International Environmental Law}}, title = {{waterbrief\_3sept03-cea9e17021844213.pdf}}, institution = {Center for International Environmental Law}, year = {2003}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/03/Waterbrief_3Sept03.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }