The Mekong: A Socio-legal Approach to River Basin Development

The Mekong: A Socio-legal Approach to River Basin Development

Author: Ben Boer

Publisher: Routledge

Published: 2015-12-22

Total Pages: 301

ISBN-13: 1317657780

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An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.


The Mekong: A Socio-legal Approach to River Basin Development

The Mekong: A Socio-legal Approach to River Basin Development

Author: Ben Boer

Publisher: Routledge

Published: 2015-12-22

Total Pages: 267

ISBN-13: 1317657799

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An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.


Following the Proper Channels

Following the Proper Channels

Author: Bennett L. Bearden

Publisher: International Water Law

Published: 2018

Total Pages: 265

ISBN-13: 9789004362598

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In Following the Proper Channels: Tributaries in the Mekong Legal Regime, Bennett Bearden offers in-depth policy and legal analyses of the marginalization of tributaries in the context of the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin, law of international watercourses, hydrosovereignty, and the national economic development interests of the Mekong riparians. As a problem-based study, enlightening conclusions are made based on the increasingly state-centric nature of water resources management in the Mekong region through pursuit of national agendas in the unilateral and bilateral development of tributaries. The overarching legal and hydropolicy issue is whether states can simultaneously pursue hydrosovereignty on tributaries and ensure the Mekong legal regime's efficacy to achieve holistic water resources management and basin-wide governance.


Contested Waterscapes in the Mekong Region

Contested Waterscapes in the Mekong Region

Author: François Molle

Publisher: Earthscan

Published: 2012

Total Pages: 449

ISBN-13: 1849770867

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The water resources of the Mekong river catchment area, from China, through Thailand, Cambodia and Laos to Vietnam, are increasingly contested. Governments, companies and banks are driving new investment in roads, dams, diversions, irrigation schemes, navigation facilities, power plants and other emblems of conventional "development." Their plans and interventions pose multiple burdens and risks to the livelihoods of millions of people dependent on wetlands, floodplains, fisheries and aquatic resources.


Corridors of Power

Corridors of Power

Author: Catherine A. Corson

Publisher: Yale University Press

Published: 2016-01-01

Total Pages: 332

ISBN-13: 0300212275

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The Governance Regime of the Mekong River Basin

The Governance Regime of the Mekong River Basin

Author: Rémy Kinna

Publisher: BRILL

Published: 2017-05-08

Total Pages: 92

ISBN-13: 9004345701

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Entry into force of the UN Watercourses Convention in August 2014, and the opening of the UNECE Water Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement reveals that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up-to-date, robust and practical. The Governance Regime of the Mekong River Basin: Can the Global Water Conventions Strengthen the 1995 Mekong Agreement? contends that strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Due to these fast-moving developments, Kinna and Rieu-Clarke strongly recommend that the Mekong states should seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.


International Watercourses Law and Multilateral Environmental Agreements

International Watercourses Law and Multilateral Environmental Agreements

Author: Yang Liu

Publisher: BRILL

Published: 2024-02-06

Total Pages: 625

ISBN-13: 9004689427

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This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.


Asian Yearbook of International Law, Volume 24 (2018)

Asian Yearbook of International Law, Volume 24 (2018)

Author: Seokwoo Lee

Publisher: BRILL

Published: 2020-11-30

Total Pages: 477

ISBN-13: 9004437789

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Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).


The Role of Law in Transboundary River Basin Disputes

The Role of Law in Transboundary River Basin Disputes

Author: Chukwuebuka Edum

Publisher: Taylor & Francis

Published: 2023-12-22

Total Pages: 174

ISBN-13: 1003834949

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This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.


Water Law

Water Law

Author: Joseph W. Dellapenna

Publisher: Edward Elgar Publishing

Published: 2021-08-31

Total Pages: 544

ISBN-13: 1783477008

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This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.