국제공유하천으로서의 메콩강에 관한 법적 고찰 - 메콩협약과 UNWC의 비교를 중심으로 -
Legal Issues on the Mekong River as International watercourses - focusing on the comparison between Mekong Agreement and UNWC -
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International water laws define the legal rules for international water sharing among two or more countries. Currently, over 3,600 bilateral or multilateral international agreements have been signed all over the world. Although such international water agreements significantly reduce the possibility of conflict occurring, none of them is perfect and able to resolve all conflicts. In 1997, more than one hundred nations joined together to adopt the United nations Convention on the Law of the non-navigational uses of International Watercourses(UNWC)—a flexible and overarching global legal framework that establishes basic standards and rules for cooperation between watercourse states on the use, management, and protection of international watercourses. UNWC entered into force on August 2014 when Viet Nam became the required 35th country to ratify the UNWC. In the Mekong region, one such basin-specific treaty is the Mekong Agreement. Entering into force in 1995, the Mekong Agreement was adopted by the Lower Mekong Basin states of Cambodia, Lao PDR, Thailand and Viet Nam, and was accompanied by the establishment of a robust inter- governmental basin institution, the Mekong River Commission (MRC). Yet, 20 years later, the ability of the Mekong Agreement and MRC to effectively govern trans-boundary watercourse management in the region have been called into question, in particular regarding disputes related to the rapid development of hydropower dams along the river and its tributaries. The entry into force of the UNWC presents an opportunity to seek a common approach for strengthening trans-boundary water governance in the Mekong Basin. By its very nature, this framework convention provides a central body of international law on which to build basin-wide uniformity for the MRC and its member States. This will provide basin-wide consistency in the effective governance and regulation of riparian state practices. This paper provides a comparative analysis of the key substantive and procedural principles and obligations provided for in the two treaties.
Abstract
International water laws define the legal rules for international water sharing among two or more countries. Currently, over 3,600 bilateral or multilateral international agreements have been signed all over the world. Although such international water agreements significantly reduce the possibility of conflict occurring, none of them is perfect and able to resolve all conflicts. In 1997, more than one hundred nations joined together to adopt the United nations Convention on the Law of the non-navigational uses of International Watercourses(UNWC)—a flexible and overarching global legal framework that establishes basic standards and rules for cooperation between watercourse states on the use, management, and protection of international watercourses. UNWC entered into force on August 2014 when Viet Nam became the required 35th country to ratify the UNWC. In the Mekong region, one such basin-specific treaty is the Mekong Agreement. Entering into force in 1995, the Mekong Agreement was adopted by the Lower Mekong Basin states of Cambodia, Lao PDR, Thailand and Viet Nam, and was accompanied by the establishment of a robust inter- governmental basin institution, the Mekong River Commission (MRC). Yet, 20 years later, the ability of the Mekong Agreement and MRC to effectively govern trans-boundary watercourse management in the region have been called into question, in particular regarding disputes related to the rapid development of hydropower dams along the river and its tributaries. The entry into force of the UNWC presents an opportunity to seek a common approach for strengthening trans-boundary water governance in the Mekong Basin. By its very nature, this framework convention provides a central body of international law on which to build basin-wide uniformity for the MRC and its member States. This will provide basin-wide consistency in the effective governance and regulation of riparian state practices. This paper provides a comparative analysis of the key substantive and procedural principles and obligations provided for in the two treaties.
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