Softness in the Law of International Watercourses: The (E)merging Normativities of China's Lancang-Mekong Cooperation

Devlaeminck, David J.

doi:10.1017/s2047102522000097

Cited by 9 publications

(6 citation statements)

References 16 publications

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“…In 2015, China established the LMC, a multilateral initiative counting all Lancang-Mekong states as members that takes a project approach. While water is just one of the issue areas covered by the LMC, a recent study has illustrated that it in some ways resembles the key elements of transboundary water agreements, reflecting accepted customary law in the field (Devlaeminck, 2022). This is done through a general recognition of relevant international law, as well as key terms such as "sustainable water resources management and utilization, " limited mention of minimizing transboundary harm, strong support for information sharing, and dialogue via leaders' meetings, foreign ministers' meetings and various working group meetings (Devlaeminck, 2022).…”

Section: The Role Of Non-binding Instruments-an Emerging Trend On Chi...mentioning

confidence: 99%

“…While water is just one of the issue areas covered by the LMC, a recent study has illustrated that it in some ways resembles the key elements of transboundary water agreements, reflecting accepted customary law in the field (Devlaeminck, 2022). This is done through a general recognition of relevant international law, as well as key terms such as "sustainable water resources management and utilization, " limited mention of minimizing transboundary harm, strong support for information sharing, and dialogue via leaders' meetings, foreign ministers' meetings and various working group meetings (Devlaeminck, 2022). On the Yaluzangbu-Brahmaputra, China has several joint declarations to share information with India and Bangladesh, such as the 2010 China-Bangladesh Joint Statement (China-Bangladesh, 2010) which emphasizes information sharing to prevent disasters, and the 2005 Memorandum of Understanding upon provision of Hydrological Information of the River Brahmaputra/Yaluzangbu where China provides hydrological data during the monsoon season (May 15th to October 15th) to India in exchange for payment.…”

Section: The Role Of Non-binding Instruments-an Emerging Trend On Chi...mentioning

confidence: 99%

“…The remaining agreements, however, contain general provisions that apply to specific watercourses, as agreed. China's upstream development of hydropower poses real challenges vis-a-vis transboundary water cooperation, especially with respect to its southern neighbors (Zhang, 2018), where mostly non-binding instruments prevail (Devlaeminck, 2022).…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

China's transboundary hydropower development at home and abroad: exploring the regulatory interface between international water law and international economic law

Wouters,

Daza-Clark,

Devlaeminck

2024

Front. Clim.

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China, located upstream on most of the major transboundary waters shared with vast populations across Asia, is heavily invested in developing hydropower at home and abroad. Some of this hydropower development involves freshwaters that cross national borders raising complex issues in international law, a situation exacerbated by growing economic, environmental, and regional security pressures. In such a context, where conflicts-of-use are almost certain to arise, it is essential to understand the rules that apply so as to enhance opportunities for enhanced transboundary water cooperation. This paper examines the rules of international water law and international economic law that apply to transboundary hydropower development, with a focus on China as one of the key actors in this field. The aim is to examine the regulatory interface of relevant legal frameworks with a focus on China's approach to transboundary hydropower development at home and abroad. While international economic—and more specifically international investment law—is not directly concerned with international water law, host states and foreign investors must be informed, and take into account, the legal obligations governing transboundary waters. China's position as a major water user (at home) and significant investor (abroad) on transboundary waters, makes it a unique case study for exploring the rules of international law that apply in two different regulatory settings. The work examines the rules of law in each of these domains and reveals the inapparent linkages across these seemingly unconnected areas of international regulation.

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Section: The Role Of Non-binding Instruments-an Emerging Trend On Chi...mentioning

confidence: 99%

Section: The Role Of Non-binding Instruments-an Emerging Trend On Chi...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

China's transboundary hydropower development at home and abroad: exploring the regulatory interface between international water law and international economic law

Wouters,

Daza-Clark,

Devlaeminck

2024

Front. Clim.

Self Cite

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“…This institutional framework was created in 2015 and was joined by the six member states of the Mekong River basin for a cooperative framework on a sub-regional level (Devlaeminck, 2020). The remarkable figure about LMC is that China has claimed active participation in the Mekong water course issue at the sub-regional level.…”

Section: Lancang-mekong Cooperationmentioning

confidence: 99%

Transboundary River Cooperation in Mekong Basin: A Sub-regional Perspective

Mallick

2022

Journal of Asian Security and International Affairs

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Freshwater resource management is one of the important challenges of the twenty-first century. It becomes more complicated when the river crosses a political boundary. A country can implement water resource management policies to promote more sustainable growth and development within its borders. However, it is not easy to enforce policies in the case of a transboundary river. Mekong River basin is crucial for freshwater resources and other activities like fishing, agricultural production, transportation, diverse biodiversity, hydropower generation, and so on. In addition, the basin supports the livelihoods of more than 60 million people. The massive expansion in the development of hydroelectric plants in the upper reaches of the Mekong has had a significant impact on the basin’s ecology during the previous decade. Hydropower dams are trapping the nutrients carrying sediment load and preventing it from reaching the floodplains. China’s increasing hydropower activities is a significant concern for downstream countries. Its policies are not transparent with lower Mekong basin (LMB) nations. To limit China’s influence, the USA is also attempting to engage with the basin countries. In such a situation, effective sub-regional cooperation for the sustainable development of the Mekong basin is crucial, where all stakeholders’ interests are considered.

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“…In 'Softness in the Law of International Watercourses: The (E)merging Normativities of China's Lancang-Mekong Cooperation', 69 David Devlaeminck evaluates the role of soft law instruments in fostering transnational cooperation. He analyzes China's increasing reliance on soft instrumentumnon-binding instruments created by legal actors which have legal effects 70 to manage transboundary water resources with its riparian neighbours.…”

Section:  mentioning

confidence: 99%