Notification and consultation procedures under the Mekong Agreement: insights from the Xayaburi controversy

Alistair Rieu-Clarke (Lead / Corresponding author)

    Research output: Contribution to journalArticle

    12 Citations (Scopus)

    Abstract

    Tensions between watercourse states are likely to escalate in the absence of effective legal frameworks by which to evaluate the impacts of large-scale unilateral water projects. Conscious of the need for such a framework, the lower Mekong River Basin States have developed the 1995 Mekong Agreement and related procedures for prior notification and consultation. The Xayaburi Hydropower Project constitutes the first project on the mainstream of the Mekong River that has been submitted to the consultation procedures under the 1995 Mekong Agreement. An analysis of the Xayaburi Project shows that both the design and implementation of the consultation process might be improved. The need to strengthen this process is particularly pertinent due to the numerous plans to further exploit the hydropower potential of the Mekong River and its tributaries. Additionally, examination of the prior consultation process under the Mekong Agreement offers valuable lessons for other international watercourses facing similar challenges.
    Original languageEnglish
    Pages (from-to)143-175
    Number of pages33
    JournalAsian Journal of International Law
    Volume5
    Issue number1
    DOIs
    Publication statusPublished - Jan 2015

      Fingerprint

    Cite this