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.
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.
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 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.
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).
'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' – Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' – James C. Scott, Yale University, US 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well written and attractive in depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' – Carel Dieperink, Utrecht University, The Netherlands 'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' – Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland This important book employs the theory of polycentricity, a system with several centres as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. This book will prove insightful for scholars and postgraduate students in international relations, international development, global environmental governance, and international business administration. It will also prove an invaluable resource for practitioners and policymakers.
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.
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.
