The Mekong Agreement In light of International Principles Relating to Sustainable Use of Transboundary Watercourses
(2005)Department of Law
- Abstract
- This Master's thesis discusses the Mekong Agreement and its potential from a viewpoint of sustainable use of the Mekong River. The Mekong River, in Southeast Asia is shared by six States: the upper riparians&semic China and Myanmar, and the lower riparians&semic Thailand, Lao PDR, Cambodia and Vietnam. The Mekong Agreement governs the four Lower Mekong countries' cooperation on their part of the river. China and Myanmar have chosen to remain outside of the Agreement. The Agreement needs further specification through rules to become fully effective as an instrument to promote sustainable use. Some of these rules, supplementing the Agreement, have already been developed, while others are under way. Using a combination of a descriptive and... (More)
- This Master's thesis discusses the Mekong Agreement and its potential from a viewpoint of sustainable use of the Mekong River. The Mekong River, in Southeast Asia is shared by six States: the upper riparians&semic China and Myanmar, and the lower riparians&semic Thailand, Lao PDR, Cambodia and Vietnam. The Mekong Agreement governs the four Lower Mekong countries' cooperation on their part of the river. China and Myanmar have chosen to remain outside of the Agreement. The Agreement needs further specification through rules to become fully effective as an instrument to promote sustainable use. Some of these rules, supplementing the Agreement, have already been developed, while others are under way. Using a combination of a descriptive and analytical study of available legal sources, the Mekong Agreement is compared to relevant international principles concerning sustainable use of transboundary watercourses, such as 'equitable utilisation', the 'no harm' rule and the duty to cooperate. As vital components of the concept of sustainable use, the notions of public participation and Environmental Impact Assessment are also included. In relation to the discussion and analysis of the Agreement and its rules, and their strengths and weaknesses, in some cases extensions into the actual situation in member states are made. It is found that important principles and components concerning sustainable use of international watercourses have been included in the Mekong Agreement to a varying degree, but that subsequent rules will be needed to make the principles fully effective in view of sustainable use. Parts of the river, such as tributaries, have been insufficiently covered by the Mekong Agreement and its rules. The exclusion of the concepts of Environmental Impact Assessment and public participation in the Mekong Agreement, coupled with a legal text which has gaps and in parts is somewhat ambiguous and vague, most notably concerning the important notion of 'the Mekong Basin', as well as the exclusion of the two upper riparian states China and Myanmar are seen as the most important impediment to sustainable use of the Mekong River. Ambiguity over how water quality issues should be handled in the Mekong Agreement and its rules also diminishes the potential of the Agreement in relation to sustainable use. However, taking into account the history of political unrest in the region, the Agreement is an important step in the right direction with the Mekong River Commission being strongly focused on environmental issues and sustainability, and progress in turning the framework instrument into practical use. The Commission also provides an important forum for building trust and cooperation between the parties. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1557771
- author
- Gooch, Josefin
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt, Miljörätt
- language
- English
- id
- 1557771
- date added to LUP
- 2010-03-08 15:55:21
- date last changed
- 2010-03-08 15:55:21
@misc{1557771,
abstract = {{This Master's thesis discusses the Mekong Agreement and its potential from a viewpoint of sustainable use of the Mekong River. The Mekong River, in Southeast Asia is shared by six States: the upper riparians&semic China and Myanmar, and the lower riparians&semic Thailand, Lao PDR, Cambodia and Vietnam. The Mekong Agreement governs the four Lower Mekong countries' cooperation on their part of the river. China and Myanmar have chosen to remain outside of the Agreement. The Agreement needs further specification through rules to become fully effective as an instrument to promote sustainable use. Some of these rules, supplementing the Agreement, have already been developed, while others are under way. Using a combination of a descriptive and analytical study of available legal sources, the Mekong Agreement is compared to relevant international principles concerning sustainable use of transboundary watercourses, such as 'equitable utilisation', the 'no harm' rule and the duty to cooperate. As vital components of the concept of sustainable use, the notions of public participation and Environmental Impact Assessment are also included. In relation to the discussion and analysis of the Agreement and its rules, and their strengths and weaknesses, in some cases extensions into the actual situation in member states are made. It is found that important principles and components concerning sustainable use of international watercourses have been included in the Mekong Agreement to a varying degree, but that subsequent rules will be needed to make the principles fully effective in view of sustainable use. Parts of the river, such as tributaries, have been insufficiently covered by the Mekong Agreement and its rules. The exclusion of the concepts of Environmental Impact Assessment and public participation in the Mekong Agreement, coupled with a legal text which has gaps and in parts is somewhat ambiguous and vague, most notably concerning the important notion of 'the Mekong Basin', as well as the exclusion of the two upper riparian states China and Myanmar are seen as the most important impediment to sustainable use of the Mekong River. Ambiguity over how water quality issues should be handled in the Mekong Agreement and its rules also diminishes the potential of the Agreement in relation to sustainable use. However, taking into account the history of political unrest in the region, the Agreement is an important step in the right direction with the Mekong River Commission being strongly focused on environmental issues and sustainability, and progress in turning the framework instrument into practical use. The Commission also provides an important forum for building trust and cooperation between the parties.}},
author = {{Gooch, Josefin}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Mekong Agreement In light of International Principles Relating to Sustainable Use of Transboundary Watercourses}},
year = {{2005}},
}