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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.
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.
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.
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.
This book provides an overview and assessment of infrastructure’s legal and governance underpinnings. Infrastructure is often thought of as a term referring only to the physical entities – pipes, cables, utility poles, highways, airports – that facilitate the transmission of water, gas, telecommunications and electricity, as well as enabling both private and public transportation, and serving to house more or less public services such as health care and schools. However, infrastructure planning and implementation are not reducible to bricks and mortar. The complex process requires drawing from and sometimes re-inventing or recycling legal tools, from construction contracts to financing ‘deals’, which are often taken for granted by both practitioners and urban studies scholars. These are as important today as they were when the first railway lines were built, and to a large extent they remain just as invisible: the avalanche of drawings and photographs of planned or in-process fancy buildings tends to hide from view the behind- the-scenes negotiations and decision-making that had to happen before construction could start, and which in some cases continue afterwards. This book does not ignore the material and nonhuman aspects of infrastructure. But, focusing on the legal and governance underpinnings of infrastructure projects, via a series of key terms that refer to hybrid legal processes, the book offers an important socio-legal supplement to the current ‘infrastructure turn’. This book will be of interest to students in the areas of socio-legal studies, urban sociology, urban studies, urban geography, planning, public law, and contract law, as well as practitioners involved in infrastructure projects.
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A global water crisis with far-reaching and interconnected environmental, social, health and economic impacts threatens the world. Healthy ecosystems and ecosystem services are degrading, and access to a sustainable water supply is increasingly inequitable both within and between States. This book demonstrates how to overcome the global freshwater ecosystem crisis by matching the scientific recommendations with an international legal framework fit for the task, which re-orientates international water law towards a stronger ecosystem approach that also protects vulnerable societies. It illustrates how to understand the fragmented legally binding and non-binding instruments of the United Nations Economic Commission for Europe environmental treaties as one coherent legal regime, which contributes to strengthening general rules and principles of the law concerning transboundary freshwater ecosystems. With the recent global opening of the UNECE regime, this book explores its potential role within the European region, Central Asia, Caucasus, Africa, the Middle East and beyond.
This book brings together a talented international group of scholars, policy practitioners, and NGO professionals that explores a range of issues relating to environmental, developmental, and governing challenges on the Mekong, one of the world’s greatest rivers and, alas, one of the most endangered. The book is divided into three sections devoted in turn to historical perspectives on the Lower Mekong Basin. Issues relate to livelihood strategies, environmental threats, and adaptation strategies; and various aspects of river governance, with individual authors treating questions of governance at different levels of refraction and in different registers. The result is a fresh and innovative collection of essays, which, taken together, provide much-needed new perspectives on some of the most important and seemingly intractable environmental and development issues in contemporary Asia.
This comprehensively updated third edition explores the nature and role of environmental management and offers an introduction to this rapidly expanding and changing field. It focuses on challenges and opportunities, and core concepts including sustainable development. The book is divided into five parts: Part I (Introduction to Environmental Management): four introductory chapters cover the justification for environmental management, its theory, scope, goals and scientific background Part II (Practice): explores environmental management in economics, law and business and environmental management’s relation with environmentalism, international agreements and monitoring Part III (Global Challenges and Opportunities): examines resources, challenges and opportunities, both natural and human-caused or human-aggravated Part IV (Responses to Global Challenges and Opportunities): explores mitigation, vulnerability, resilience, adaptation and how technology, social change and politics affect responses to challenges Part V (The Future): the final chapter considers the way ahead for environmental management in the future. With its well-structured coverage, effective illustrations and foundation for further, more-focused interest, this book is easily accessible to all. It is an essential reference for undergraduates and postgraduates studying environmental management and sustainability, and an important resource for many students on courses including environmental science, environmental studies and human geography.
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.