ESCRITO AMICUS CURIAE

The document argues that Argentina's 2001 emergency measures to freeze water tariffs during a severe economic crisis were consistent with its international human rights obligations to ensure access to water. It contends that human rights law should inform the interpretation of Bilateral Investment Treaties (BITs), specifically regarding 'fair and equitable treatment' and 'indirect expropriation'. The brief asserts that the right to water is a prerequisite for the right to life and health, and that state police powers to protect public health justify regulatory changes that may affect investor profits without requiring compensation.

• Argentina experienced a severe economic and social crisis between 1999 and 2002, with the economy contracting by 25 percent and unemployment rising above 25 percent.
• The brief argues that a sudden 300 percent increase in water and sewage tariffs for millions of inhabitants during the crisis would have caused a humanitarian disaster and violated human rights.
• The right to water is identified as a fundamental condition for survival and a prerequisite for the realization of other human rights, including the rights to life, health, and adequate housing.
• The brief contends that the 'fair and equitable treatment' (FET) standard in Bilateral Investment Treaties (BITs) should be interpreted flexibly to account for a state's human rights obligations, meaning investors cannot legitimately expect a state to ignore these duties during a crisis.
• The document argues that measures taken to protect public health and ensure access to water fall under the 'police powers' doctrine, meaning such non-discriminatory regulations for a public purpose are not compensable indirect expropriations.
• The brief asserts that in the event of a conflict between investment law and human rights law, human rights must take primacy due to their nature as innate heritage and, in some cases, jus cogens norms.
• The state of necessity may exclude the wrongfulness of an act if essential services are threatened, although this cannot be invoked to bypass primary obligations under human rights treaties that guarantee rights during national emergencies.

APA

Caplan, A., & Orellana, M. (2007). ESCRITO AMICUS CURIAE. Center for International Environmental Law. https://www.ciel.org/Publications/SUEZ_Amicus_Spanish_4Apr07.pdf

Chicago

Caplan, Ariel, and Marcos Orellana. ESCRITO AMICUS CURIAE. Center for International Environmental Law, 2007. https://www.ciel.org/Publications/SUEZ_Amicus_Spanish_4Apr07.pdf.

Wikipedia

{{cite report |last1=Caplan |first1=Ariel |last2=Orellana |first2=Marcos |title=ESCRITO AMICUS CURIAE |publisher=Center for International Environmental Law |date=4 April 2007 |url=https://www.ciel.org/Publications/SUEZ_Amicus_Spanish_4Apr07.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{caplan2007escrito, author = {Caplan, Ariel and Orellana, Marcos}, title = {{ESCRITO AMICUS CURIAE}}, institution = {Center for International Environmental Law}, year = {2007}, month = apr, url = {https://www.ciel.org/Publications/SUEZ_Amicus_Spanish_4Apr07.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }