Sub-theme
6. Innovation for Water Governance and Management
Topic
6-7. Role of national and international law
Body
Established in 1967, the Association of Southeast Asian Nations (ASEAN) is comprised of ten member States (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) who work together to advance regional interests. When one thinks of transboundary watercourses of the ASEAN region, it is natural to think of the Mekong River, arguably one of the most studied transboundary watercourses in the world. Significantly understudied, however, are the transboundary water resources that crisscross the broader ASEAN region. Furthermore, ASEAN States share numerous transboundary waters with States at its periphery (Bangladesh, China, India, Papua New Guinea and Timor-Leste). As these water resources cross State boundaries, they are subject to international law, particularly the law of international watercourses. This research seeks to explore the plethora of transboundary watercourses of the ASEAN region and its periphery and regional perspectives on and prospects for international water law to assist in their joint governance. In doing so it seeks to distill the ASEAN way of transboundary water governance. This research will utilize the following approach: After a brief introduction, this paper first provides an overview of the perspectives that ASEAN States have on the global water conventions, the 1992 Water Convention and 1997 Watercourses Convention. These conventions utilize a common approach comprised of five key elements: scope, substantive rules, procedural rules, institutional mechanisms and dispute settlement. While few States in the region are party to these conventions, many of them participated in the drafting process and have stated their perspectives on the framework of rules they provide. These perspectives provide significant insight on regional approaches for transboundary water governance, shaped by shared histories, experiences and values. Second, using the five key elements of water agreements, the paper will then move on to an overview of the transboundary watercourses shared by ASEAN States, and the handful of relevant agreements and non-binding instruments under which they are governed. Third, ASEAN States share numerous transboundary water resources with States at its periphery, most notably China. Here, this research offers an overview of those transboundary water resources and an analysis of the agreements and non-binding instruments under which they are governed. The research concludes with prospects for international water law in the ASEAN region, identifying strengths, shortcomings and possible paths forward for transboundary waters in the region, establishing an ASEAN approach to the governance of transboundary waters and paths forward in its implementation.