Contributing to integrated sustainable development through a transnational law approach. Exploiting the linkages between economic, environmental and human rights legal regimes as applied to hydropower projects on the Mekong River

Mayard, Laure-Elise (2021) Contributing to integrated sustainable development through a transnational law approach. Exploiting the linkages between economic, environmental and human rights legal regimes as applied to hydropower projects on the Mekong River. Doctoral thesis, Northumbria University.

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Abstract

Unsustainability is often linked with to extreme trade-offs and imbalances between the different interests of a plurality of actors, scales and regimes. The objective of integration tackles the need to address this growing diversification and multiplication within decision-making/governance. The transboundary nature of these elements of governance often complicates and heightens the challenge of integration.

The aim of this thesis is therefore to study the way international law can contribute to this objective. Its participation to implementing integrated sustainable development depends (itself) on its suitability and capacity to address legal pluralism. However, such integrated approach is not effectively provided by traditional international law. Its limited and strict legal classifications and scope related to the State create a key challenge to embracing legal pluralism and integration.

This thesis suggests a new approach and insights to this inquiry through the concept of transnational law (TNL). Its unique pluralist, holistic and interconnected approach is explored and developed to measure up to the objective of integration. The design of an analytical framework built on the conceptual underpinnings of TNL helps developing this reflection and to go beyond its theoretical understanding. In addition, a case study of hydropower in the Lower Mekong River Basin and transboundary water management offers interesting conditions to apply and test TNL.

TNL allows to envision a different/broader approach to legal pluralism and to the growing transboundary issues within sustainable development. The concept also suggests a way international law can make a stronger and more relevant contribution to the objective of integration.

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