Procedural obligations of States presented in international law when proposing hydropower development project in the Lower Mekong Basin through the Xayaburi case study

Thiempetch, Panithan (2021) Procedural obligations of States presented in international law when proposing hydropower development project in the Lower Mekong Basin through the Xayaburi case study. Doctoral thesis, Northumbria University.

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Abstract

In complying with the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin 1995 and the Procedures for Notification, Prior Consultation and Agreement 2003, riparian States of the Lower Mekong Basin are obliged to notify the MRC and other States of their proposed projects (including hydropower development) that may harmfully affected the mainstream of the Lower Mekong. In practice, the submission of documents and the process of notification and consultation in the PNPCA, however, appear to be perplexed because the time frame and the language used in the PNPCA and the PNPCA Guidelines are equivocal. The Xayaburi Hydroelectric Power Project is chosen as a case study in this research because it was the first proposed large-scale mainstream dam in the Lower Mekong that was submitted and underwent the procedural process, where the 1995 Mekong Agreement and the PNPCA were put to test. This research employs a desk study which entails the examination and analysis of legal instruments, policies, and documents released or published by governments or organization, as well as textbooks, academic journals, and internet databases from reliable sources. The research will not seek to develop a new model or framework for the MRC and the LMB States but rather demonstrate how international law can be used as a guide or reference for the interpretation and improving the clarity, accuracy, and transparency of regional law. This research will be beneficial to a variety of fields, including water law, international environmental law, public law, human rights, and environmental justice. It will also be useful to the governments of riparian States that will be affected by future projects, as well as investors and development partners who will be investing in future projects and will have to deal with the PNPCA procedures, EIA processes, and public participation.

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