INTERNATIONAL POPLAR RIVER WATER QUALITY STUDY

By L. NOURK

CONTENTS 1 INTRODUCTION I THE MIGHTY MEKONG: A RIVER AT RISK II CHALLENGE-RESPONSE: THE RATIONALE FOR A PROCEDURAL PERSPECTIVE A SUSTAINABLE DEVELOPMENT B INTEGRATED WATER RESOURCES MANAGEMENT (IWRM) C INTERNATIONAL WATERCOURSE LAW III OVERVIEW 2 TOWARDS SUSTAINABLE DEVELOPMENT: A MULTIDIMENSIONAL DEBATE IN THE MEKONG CONTEXT I DEVELOPMENT AND ENVIRONMENT: MULTIFACETED DILEMMA A HYDROPOWER EXPANSION B CLIMATE CHANGE II EXISTING DECISION-MAKING LANDSCAPES: POLYCENTRIC GOVERNANCE AND DIVERSE ACTORS A DOMESTIC PERSPECTIVE: WATER GOVERNANCE BUREAUCRACIES AND THE LEGAL ENVIRONMENT B REGIONAL PERSPECTIVE: POLYCENTRIC GOVERNANCE OF TRANSBOUNDARY WATER RESOURCES AND THE INFLUENCE OF NON-STATE ACTORS III DIFFICULTIES, ASPIRATIONS AND DIRECTIONS FOR MEKONG WATER MANAGEMENT REFORM IN A POLYCENTRIC CONTEXT 3 INFORMATION ACQUISITION AND EXCHANGE ON A REGULAR BASIS I INTERNATIONAL WATER LAW AND SELECTED CASES A RATIONALE UNDER THE INTERNATIONAL WATER LAW B SELECTED CASES C LESSONS II STATUS QUO AND PROSPECTS IN THE MEKONG REGION A INFORMATION ACQUISITION AND EXCHANGE UNDER THE MRC B INFORMATION ACQUISITION AND EXCHANGE UNDER THE MRC-CHINA DIALOGUE RELATIONSHIP 4 NOTIFICATION AND CONSULTATION IN GOOD FAITH I PRIOR NOTIFICATION AND CONSULTATION ON PLANNED ACTIVITIES A RATIONALE AND KEY ISSUES UNDER THE INTERNATIONAL ENVIRONMENTAL LAW B PRIOR NOTIFICATION AND CONSULTATION PROCESS IN THE MEKONG REGION II EMERGENCY NOTIFICATION AND COOPERATION IN ITS RESPONSE A INTERNATIONAL EXPERIENCES B EVALUATION OF THE CURRENT ARRANGEMENTS UNDER THE MRC REGIME C CHINA’S EXPERIENCES ON EMERGENCY NOTIFICATION IN TRANSBOUNDARY WATER MANAGEMENT AND THE POTENTIALS FOR RELEVANT DISCUSSION IN THE MEKONG REGION 5 ACCESS TO INFORMATION AND PUBLIC PARTICIPATION I INTRODUCTION II ACCESS TO INFORMATION AND PUBLIC PARTICIPATION UNDER INTERNATIONAL ENVIRONMENTAL LAW A ACCESS TO INFORMATION UNDER THE AARHUS CONVENTION B PUBLIC PARTICIPATION UNDER THE AARHUS CONVENTION C COMMENTS III THE DEVELOPMENT OF ACCESS TO INFORMATION AND PUBLIC PARTICIPATION IN THE CONTEXT OF THE MEKONG REGION A MEKONG REGIONAL ARRANGEMENTS: BETWEEN RHETORIC AND REALITY B THE STATUS QUO OF PROCEDURAL RIGHTS IN THE MEKONG COUNTRIES IV TOWARDS DELIBERATIVE DECISION-MAKING PROCESSES IN THE MEKONG REGION: REGIONAL AND DOMESTIC STRATEGIES 6 TRANSBOUNDARY ENVIRONMENTAL IMPACT ASSESSMENT AND STRATEGIC ENVIRONMENTAL ASSESSMENT II ENVIRONMENTAL IMPACT ASSESSMENT (EIA) AND STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) PROCEDURES UNDER THE INTERNATIONAL LAW A TRANSBOUNDARY EIA B TRANSBOUNDARY SEA III THE DEVELOPMENT OF TRANSBOUNDARY SEA IN THE CONTEXT OF THE MEKONG REGION A GENERAL BACKGROUND B TRANSBOUNDARY SEA PRACTICE IN THE LOWER MEKONG REGION C THE WAY FORWARD IV THE DEVELOPMENT OF TRANSBOUNDARY EIA IN THE CONTEXT OF THE MEKONG REGION B THE JOINT EIA PRACTICE FOR THE MEKONG NAVIGATION CHANNEL IMPROVEMENT PROJECT C CHINA’S EXPERIENCE WITH TRANSBOUNDARY EIA IN THE GREATER TUMEN REGION D KEY ISSUES 7 CONCLUSIONS AND RECOMMENDATIONS I SUMMARY: A PROCEDURAL FRAMEWORK II THE EFFECTIVENESS OF PROCEDURAL MECHANISMS A THE SOFT LAW AND HARD LAW SPECTRUM B THE PROCESS AND SUBSTANCE OF INTERNATIONAL ENVIRONMENTAL LAW III POSSIBLE PERSPECTIVES FOR FUTURE RESEARCH