Amicus Curiae Submission in the Biwater – Tanzania Case (ICSID Case No. ARB/05/22 before the International Centre for Settlement of Investment Disputes between Biwater Gauff (Tanzania) Limited and United Republic of Tanzania (March 2007)

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The present submission by Amici is being made pursuant to Procedural Order No.5 of this Tribunal, issued on 2 February, 2007. This submission has been prepared under the terms and conditions specified by the Tribunal in that order. A brief note on the practical impact of these terms and conditions on the preparati on of this submission follows in the introduction.

Amici will show that the right to water and to pursue sustainable development goals, so fundamental to developing countries, should be under stood to increase the standards of responsibilities of investors in the water sector. The provision of water services in developing countries is not, and cannot be understood as, just another business venture. When investors choose to enter into this sector, they encumber themselves with responsibilities that are linked to the achievement of essential human rights. This Tribunal has both the authority and the responsibility to enquire into whether these responsibilities have been fulfilled, and to consider the legal consequences if they have not been fulfilled.

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