Other Relevant Regional Arrangements

Besides the former instruments of the Mekong water regime, there are also some related instruments at the regional level. Most of them aim at economic goals, but the contents of these instruments contain some relevant elements of the water regime. To some extent, these relevant instruments could also affect the development of the Mekong water regime and make a contribution to the improvements to the Mekong water regime.

2.2.3.1. The Great Mekong Sub-region Program

In 1992, based on the assistance from the Asian Development Bank (ADB), the six riparian countries of the Mekong River, which include Cambodia, the Peoples’

Republic of China, the Lao People’s Democratic Republic, Myanmar, Thailand, and Vietnam, entered into the Great Mekong Sub-region (GMS), which is a program of sub-regional economic cooperation.⁶⁶ The aim of this program is to improve the regional infrastructure and foster trade and investment cooperation, and also enhance other relative fields.⁶⁷ The GMS Program helps the “implementation of high priority sub-regional projects in transport, energy, telecommunications, environment, human resource development, tourism, trade, private sector investment, and agriculture.”⁶⁸ In fact, the GMS has made some achievements in different aspects, which has also promoted the regional development of the Mekong River basin.⁶⁹

In 2006, the GMS countries launched the Core Environment Program (CEP), a program related to the sustainable use of shared natural resources and environment.⁷⁰ According to a series of environmental tools and processes, including environmental assessments, sustainable planning, piloting innovation, and monitoring, the CEP has

66 Haiyun Chen, Ting Zhu, ‘The complexity of cooperative governance and optimization of

institutional arrangements in the Greater Mekong Subregion’ (2016) 50 Land Use Policy 363, 364-65.

67 Chen, Zhu (n 66) 365.

68 ADB, ‘Overview of the Greater Mekong Subregion’ (Official Website of Asian Development Bank)

<http://www.adb.org/countries/gms/overview> accessed 02 October 2016.

69 Ibid.

70 ADB-GMS, ‘The Core Environment Program’ (Official Website of ADB-GMS Core Environment Program) <http://www.gms-eoc.org/the-program> accessed 02 October 2016.

also made contributions to the improvement of equitable, efficient, and sustainable natural resource (particularly hydropower) utilization and conservation of the environment in the Mekong River Region.⁷¹

The cooperation between the MRC and the GMS Program is reflected in many notable aspects. Firstly, as the main founder of the GMS, the ADB holds the position of regular observer at MRC Joint Committee and Council Meeting, and is also an active participant in the MRC Donor Consultative Group and technical meeting.⁷² Secondly, the MRC is an invited participant in the development partners’ session of the GMS ministerial meeting, and also participates in the technical working groups, which focus on the environment, transport, agriculture and regional power trade.⁷³ Thirdly, two organizations have also begun to cooperate in flood management and mitigation efforts.⁷⁴ The ADB contributes to the MRC Flood Management and Mitigation Programme, as well as to the GMS’s Program on Flood Control and Water Resource Management. Fourthly, to mitigate the adverse environmental impacts, the MRC established a program responsible for monitoring and assessments. This program works with some partners, including the ADB-facilitated GMS environment operations center.⁷⁵ Fifthly, there are also other cooperative efforts towards the conservation of Tonlé Sap, advancing sustainable hydropower, managing tributaries, and climate change.⁷⁶

In some fields the GMS and the MRC are in competition, but the MRC’s main task of ensuring the water resources sustainable development makes the MRC always in the center of the Mekong water regime.⁷⁷ The GMS Program is not specifically a program for water resources, but it mentions the vital position of the natural resources in the

71 Ibid.

72 Mekong River Commission, ‘Development Partners & Partner Organisations’ (Official Website of MRC) <http://www.mrcmekong.org/about-mrc/development-partners-and-partner-organisations/>

accessed 02 October 2016.

73 Mekong River Commission, ‘The Mekong Connection: ADB, GMS, and MRC Working Together fore the Region’ (2000) The Mekong River Commission Publication, 2

<http://www.mrcmekong.org/assets/Publications/leaflet/mekong-connection.pdf> accessed 29 September 2016.

74 Ibid.

75 Ibid.

76 Ibid.

77 Boer, Hirsch, Johns, Saul and Scurrah (n 11) 16.

Mekong River basin and has the intention of promoting the sustainable utilization of those natural resources. Some tools and processes of the CEP can be utilized for shared water resources conservation. Cooperation between the MRC and the GMS could also enhance the regional water resource management and development.

Another advantage of the GMS program is that all the riparian countries of the Mekong River have already joined this program. This program can be used for coordinating relations between the Lower Mekong River Basin States (LMRBS), which include Thailand, Laos, Cambodia and Vietnam, and the upper-stream countries, namely China and Myanmar.⁷⁸ The two upper-stream states are not member states of the Mekong Agreement. Therefore, the GMS program can play a complimentary, strengthening role for the Mekong water regime.

2.2.3.2. Global Water Partnership Southeast-Asia (GWP-SEA)

The Global Water Partnership Southeast-Asia was born in 2004, and its mission is to encourage, support, and facilitate member countries in achieving sustainable water through the Integrated Water Resources Management (IWRM) approach.⁷⁹ It is a component of the Global Water Partnership, which was founded in 1996 by the World Bank, the United Nations Development Programme (UNDP), and the Swedish International Development Cooperation Agency (SIDA) to foster IWRM. The IWRM approach is a process that promotes the coordinated development and management of water, land and related resources in order to maximize economic and social welfare without compromising the sustainability of ecosystems and the environment.⁸⁰

GWP membership is open to all organizations related to water and water resource management. Currently, the GWP-SEA network has over 360 member organizations

78 Truong-Minh Vu, ‘Between system maker and privileges taker: the role of China in the Greater Mekong Sub-region’ (2014) 57 Revista Brasileira de Política Internacional 157, 161.

79 Global Water Partnership Southeast Asia, ‘About’ (Official Website of the Global Water Partnership Southeast Asia <http://www.gwp.org/GWP-South-East-Asia/ABOUT-GWP-SEA/> accessed 29 September 2016.

80 Global Water Partnership, ‘About GWP’ (Official Website of the Global Water Partnership)

<http://www.gwp.org/en/About-GWP/> accessed 29 September 2016.

in the 9 SEA countries: Cambodia, Indonesia, the Lao PDR, Malaysia, Myanmar, Philippine, Singapore, Thailand and Vietnam.⁸¹

According to the statutes of the GWP-SEA, its objective is “to promote the principle of IWRM, and, to that end: (a) to identify the critical needs of the region and riparian countries and stimulate partners to meet these needs with their available human and financial resources; (b) to support action at regional, national, local or river basin levels that will lead to the adoption and implementation of the principles of IWRM; (c) to help match needs to available resources; (d) to strengthen mechanisms for sharing information and experience.”⁸²

The GWP-SEA includes five riparian countries of the Mekong River basin. Although China is not a member of the GWP-SEA, the Global Water Partnership China, which is also under the guidance of the GWP,⁸³ allows China to connect with member countries of the GWP-SEA in some respects.

As a main origin of fresh water resources in Asia, the Mekong River’s water management can also be promoted by the GWP-SEA. Some of the objectives of the GWP-SEA can be connected to the principles of the Mekong Agreement, and therefore the GWP-SEA can improve the functions of the Mekong water regime. For instance, the approach of IWRM has also been utilized by the MRC in its basin planning, and in 2011 the IWRM based Basin Development Strategy was adopted by the lower Mekong Countries under the framework of the 1995 Mekong Agreement.⁸⁴ 2.2.3.3. The ASEAN-Mekong Basin Development Cooperation (AMBDC)

On 17 June 1996, the ministers and representatives of Brunei Darussalam, Cambodia, China, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam, as the core group, met in Kuala Lumpur and agreed to follow the Basic

81 Global Water Partnership Southeast Asia, ‘The Partnership Network’ (Official Website of the Global Water Partnership Southeast Asia) <http://www.gwp.org/en/GWP-South-East-Asia/ABOUT-GWP-SEA/The-Partnership-Network/> accessed 29 September 2016.

82 Statutes Southeast Asia Regional Water Partnership 2008, art 2 <http://www.gwp.org/Global/GWP-SEa_Files/011%20-%20GWP-SEA%20Statutes%2029Feb2008.pdf> accessed 29 September 2016.

83 Global Water Partnership, ‘China’ (Official Website of the Global Water Partnership) http://www.gwp.org/en/gwp-in-action/China/> accessed 02 October 2016.

84 MRC, ‘Basin Planning’ (Official Website of the MRC) <http://www.mrcmekong.org/topics/basin-planning/> accessed 02 October 2016.

Framework of the ASEAN-Mekong Basin Development Cooperation by “realizing the great potential of economic growth of the Mekong Basin and desiring to cooperate in the development of the Mekong Basin.”⁸⁵

The AMBDC aims to promote economic integration among the Member Countries and simultaneously help to build the ASEAN Economic Community by 2015. Its basic framework for cooperation has contributed to the development of the infrastructure and human capital in the sub-region. Additionally, this framework has also promoted resource sharing between ASEAN countries, Mekong riparian countries, and China.

According to the Basic Framework of the AMBDC, there are three objectives of this cooperation: “To enhance economically sound and sustainable development of the Mekong Basin; To encourage a process of dialogue and common project identification which can result in firm economic partnerships for mutual benefit; and To strengthen the interconnections and economic linkages between the ASEAN member countries and the Mekong riparian countries.”⁸⁶

The cooperation should also be governed by six principles. The third and fourth principles are related to environmental protection and natural resources conservation and mention sustainable development, reasonable utilization, and the cooperation with the Mekong River Commission (MRC).⁸⁷

In summary, the AMBDC is important as an instrument for promoting the sustainable development of the Mekong River Basin. It also strengthened the relationship between the ASEAN and the Mekong River basin. As a simultaneous policy dialogue for ASEAN and China to foster sub-regional economic growth, poverty alleviation and cooperation, AMBDC also plays a helpful role.⁸⁸ As for the aspect of the Mekong

85 Basic Framework of ASEAN- Mekong Basin Development Cooperation [1996] ASEAN, Paragraph 1

<http://www.asean.org/storage/images/2012/Economic/AMBDC/Basic%20Framework%20of%20ASE AN-%20Mekong%20Basin%20Development%20Cooperation.pdf> accessed 02 October 2016.

86 Basic Framework of ASEAN- Mekong Basin Development Cooperation (n 70) A. Objectives.

87 Basic Framework of ASEAN- Mekong Basin Development Cooperation (n 70) B. Principles of Cooperation.

88 ASEAN, ‘Overview’ (Official Website of the ASEAN) <http://asean.org/asean-economic-community/asean-mekong-basin-development-cooperation-ambdc/overview/> accessed 02 October 2016.

water regime, the AMBDC can also be treated as a relevant source of soft law and be utilized to strengthen the cooperation on water resources utilization and conservation.

2.2.3.4. The ASEAN Working Group on the Water Resource Management (AWGWRM)

Based on the ASEAN Cooperation on Environment, the ASEAN Leaders established the ASEAN Working Group on Water Resources Management (AWGWRM), the objective of which is to enhance the regional cooperation on freshwater management.

The aims of this working group are to: “promote networking and engage in collaborative action towards the practical implementation of integrated water resources management; promote and facilitate the exchange of relevant information, expertise, technology and know-how among water resource agencies of member countries; and provide or make arrangements for relevant training, education and awareness-raising campaigns.”⁸⁹

Some of the key issues this working group deals with are supply, demand and allocation; water quality and sanitation; climate change and extreme events;

governance and capacity building.⁹⁰

Except China, the other riparian countries of the Mekong River are all member states of the ASEAN and also joined in the AWGWRM. Some contents from the “ASEAN Strategic Plan of Action on Water Resources Management” will therefore also affect the Mekong water regime and be helpful for keeping the balance between economic growth and the sustainable environmental development of the Mekong River Basin.