r be treated differently from other natural resources because it is essential for human survival. On this point the Court stated: Although water is indeed essential for human survival, studies indicate that over 80% of our water supplies is used by agricultural purposes. The agricultural markets supplied by irrigated farms are worldwide. They provide the archetypical example of commerce among several states…. Thus the court concluded that water was an article of commerce in part because of the nature of, and trade in, the commodities that were produced with its use. Summarizing US law on this point, a recent report by a panel of US and Canadian legal experts to the Governors of Great Lakes States concluded that "arguments that water is not a good are not persuasive" and "indeed ... run contrary to the United States own jurisprudence with respect to the characterization of water as an article of commerce..." In this light, US support for the notion that water is not subject to NAFTA rules concerning trade in goods unless it has "in any form, .. entered into commerce," would have to be regarded as disingenuous.Third, water is considered a good under international law. The European Court of Justice has interpreted the term "good" to include anything capable of monetary valuation and of being the object of a commercial transaction (Commission v. Italy, Case 7/68). In addition, in Commission v. Ireland Re Dundalk Water Supply (Case 45/87), the court held that the term goods includes not only the sale of goods, but goods and materials that are supplied in the context of the provision of services. Where goods are supplied in the context of the provision of services, in order to fall within the goods provisions of the EC Treaty, the importation or exportation of the goods in question must be an end in itself. On this reading, if water is being shipped as a good in order to provide a service, such as providing water for public consumption ...
