Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade

Authors

• Bryant Walker Smith, New York University School of Law

Abstract

The article argues that water is not a "product" under the General Agreement on Tariffs and Trade (GATT) due to the widespread and consistent assertion of public ownership over water resources through municipal and international law, which precludes its treatment as a tradable commodity under GATT. This "public-ownership consensus" implies that water resources remain under state control, and GATT's trade disciplines should not apply to water in its natural state.

Disciplines

International Trade Law | Law | Water Law

Recommended Citation

Bryant W. Smith, Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, 17 Cardozo J. Int'l & Comp. L. 291 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss2/4