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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.
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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.
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The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. A prominent theme throughout the book is the implementation of principles of sustainable development. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia. The book commences with an overview of international environmental law, the role of international organizations, and the development of regional environmental law. Attention is then given to a number of prominent sectoral areas including heritage, biodiversity, marine environment, climate change, and the relationship between trade and the environment. A study is then undertaken of the influence of international environmental law in a number of states and subregions within the Asia Pacific. The book concludes by assessing the interaction between international and regional environmental law, and considers the future prospects for international environmental law in the Asia Pacific.
Table of Contents:
Preface. 1. The Nature of International Environmental Law. 2. International Organizations and International Environmental Law. 3. Regional Environmental Issues and Responses. 4. Conservation of Natural and Cultural Heritage. 5. Protection of Biological Diversity. 6. Protection of the Marine Environment. 7. Climate Change. 8. Trade-Related Environment Issues. 9. Sabregional and State Responses. 10. Mekong Region. 11. China. 12. The ASEAN Region. 13. Southwest Pacific. 14. Australia and New Zealand. 15. Interaction between Global and Regional International Environmental Law. 16. Future of International and Regional Environmental Law in the Asia Pacific. Index.