Overview of Overview of

Legal and Legal and Institutional Institutional FrameworkFramework

Overview of Overview of

Legal and Legal and Institutional Institutional FrameworkFramework

MRC Orientation for New Staff, 24 October 2002

ContentContentContentContentBackground of Mekong Cooperation

1995 Mekong Agreement:– Its main characteristics;– Organizational Structure;– Dispute resolution process.– Conclusion

Birth of Mekong CommitteeBirth of Mekong CommitteeBirth of Mekong CommitteeBirth of Mekong Committee In 1949, ECAFE (now ESCAP) created

Bureau of Flood Control; ECAFE (ESCAP) 1952 findings highlighted

great potential of Mekong for hydro-power and irrigation;

Geneva Accords of July 1954 => End first Indochina War.

11 ECAFE session focused again on Mekong.

Birth of Mekong Committee Birth of Mekong Committee (Cont.)(Cont.)

Birth of Mekong Committee Birth of Mekong Committee (Cont.)(Cont.)

1956 US Bureau of Reclamation Reconnaissance Report-LMRB:– need for data collection

(hydrology,meteorology, topography, sedimentation and geology;

– To study flood and hydropower, agriculture, fisheries, navigation.

International Approach to planning and development of LMRB.

Mekong CommitteeMekong CommitteeMekong CommitteeMekong Committee At 13th ECAFE Session (March/57), => Joint

Declaration to explore ways for joint efforts in developing the Mekong.

Meeting of experts in Bangkok (20 – 23 May) recommended establishing a “Coordination Committee”.

Preparatory Meeting (16-18/9/57), the Statute of the Committee for Coordination of Investigation of LMB (MC) was adopted;

Mekong Committee (Cont.)Mekong Committee (Cont.)Mekong Committee (Cont.)Mekong Committee (Cont.)

Mandates:– Plans for coordinated researches, studies

& investigation;– Seeks funding & technical assistance;– Recommends criteria for the use of water.

Mekong Committee-          Four Members,

-  - One year-term Chair-  -  Three times/yearly

Advisory Board(1958 –76)

-        * technical & financial aspects

Secretariat(Executive Agent)

Engineering Division

(Hydro & Planning)

Navigation Division

 

Organizational Structure of Mekong Organizational Structure of Mekong CommitteeCommittee

  

Organizational Structure of Mekong Organizational Structure of Mekong CommitteeCommittee

  

Mekong Committee Advisory Board(1958 –76)

-         - technical &-   - financial aspects

Secretariat(Executive Agent)

Engineering Division

Navigation Division

 

 

Agriculture Social & Econ

Planning Unit

Environ. Unit

Organizational Structure of Mekong Committee(Revised)

Organizational Structure of Mekong Committee(Revised)

Major Achievements of MCMajor Achievements of MCMajor Achievements of MCMajor Achievements of MC

Data collection & investigation

Inventory of Resources & Development Plans

Human Resource Development

Mobilization of Funds

End of MCEnd of MCEnd of MCEnd of MC1970s, hostilities in V/N spilled over into

Cambodia and Laos. 1975 Joint Declaration of Principles for

Utilization of the Waters of the LMB was signed on 31 January 1975,

Articles10, 11, 20,21, 27 = all uses mainstream, major tributary, and inter-basin diversions required unanimous approval of all state members of MC.

Birth of Interim MCBirth of Interim MCBirth of Interim MCBirth of Interim MC

1975:End of second Indochina war. 1976 - 1977 = MC did not meet Later on (late 1977), V/N and Laos renewed

their participation. V/N, Laos and Thailand agreed to form an

interim MC (Born in 5 January 1978) IMC struggled hard to regain the donor’s

confidence and focused mainly on national projects.

Winds of Change and Birth of Winds of Change and Birth of MRCMRC

Winds of Change and Birth of Winds of Change and Birth of MRCMRC

End of war in Cambodia (Paris Peace Agreement + SNC);

To reactivate or not reactivate the MC and all its basic documents (Nov 90 – Feb 92);

A new regime of Mekong ( China + Myanmar should join) Dec. 92

1993 – April 95: Negotiated New Agreement.

MRC: 1995 AgreementMRC: 1995 AgreementMRC: 1995 AgreementMRC: 1995 Agreement

1995 Agreement & MRC = a unique international agreement and legally instituted regional organization mandated from highest political level;

Mandate = to deal with MRB resources management in an integrated and basin-wide manner.

Introduction of Sustainable Introduction of Sustainable Development Concept.Development Concept.

Introduction of Sustainable Introduction of Sustainable Development Concept.Development Concept.

In 1995 Agreement, its parties are under obligation to:

“Cooperation in all fields of sustainable development, utilisation, management and conservation of the water and related resources of the Basin.”

To ensure compatibility between socio-economic development, and environmental protection and ecological balance of MRB.

People’s well-being.

present and future generations.

Main Characteristics of 1995 Main Characteristics of 1995 Agreement:Agreement:Main Characteristics of 1995 Main Characteristics of 1995 Agreement:Agreement: An intergovernmental agreement 06 chapters and 42 articles. Ground was laid for a more responsible and

sustainable management and development: Codification of existing Inter.l water law

principles and emerging principles; Provide for a joint permanent mechanism

(policy & tech.)for Mekong river basin management;

Mechanism for dispute settlement;

 

AGREEMENTAGREEMENTON THE COOPERATION FOR THE SUSTAINABLE DEVELON THE COOPERATION FOR THE SUSTAINABLE DEVEL

OPMENTOPMENTOF THE MEKONG RIVER BASINOF THE MEKONG RIVER BASIN

 Chapter Outline of Agreement

Chapter I. PreambleChapter II. Definition of TermsChapter III. Objectives & Principles of CooperationChapter IV. Institutional FrameworkChapter V. Addressing Differences and DisputesChapter VI. Final Provisions

Protocol To the Agreement For the Establishment of the Mekong River CommissionSigned by the Governments of

Cambodia, Laos, Thailand and Viet Nam on April 5, 1995 at Chiang Rai, Thailand

 

Reasonable & Equitable Reasonable & Equitable UtilizationUtilization

Reasonable & Equitable Reasonable & Equitable UtilizationUtilization

Give specificity to four major factors:– Mainstream vs. Tributary waters;– Wet vs. Dry Season flows;– Intra-basin uses vs. inter-basin diversion;

and– Surplus of water on the mainstream in dry

season.

Provisions A & B of Article 5

  Notfication Prior Consult.1 Agreement

A. Tributaries:Wet & Dry Season

XXX    

       B. Mainstream:              1. Wet Season      

- Intra-Basin Use XXX    

- Inter-Basin Divers.   XXX  

        2. Dry Season      

- Intra-Basin Use   XXX  

- Inter-Basin Divers.     XXX2

 Note:1. Prior Consultation aims at arriving at an agreement by the Joint Committee.2. For Inter-basin Diversion Projects during the dry season, Article 5 reads:“Should there be a surplus quantity of water available in excess of the proposed uses of all parties in any dry season, verified and unanimously confirmed as such the Joint Committee, an inter-basin diversion of the surplus could be made subject to prior consultation.”

MRC Organizational StructureMRC Organizational StructureMRC Organizational StructureMRC Organizational Structure

JOINT COMMITTEE(Members at level of Head of

Department or higher)

COUNCIL(Members at Ministerial and

Cabinet Level)

National Mekong Committee Secretariats

NATIONAL MEKONG COMMITTEES (NMC)

(Member Agencies)

DONOR CONSUL-TATIVE GROUP

(Donor countries and cooperating institutions)

Government of

Cambodia

Government of

Laos

Government of

Thailand

Government of

Vietnam

Mekong River Com-mission Secretariat

Three forms of river Three forms of river organizationsorganizations

Three forms of river Three forms of river organizationsorganizations

C ommittees for monitoring, coo rdinating and investigating of ri

ver basinPlanning and management

river commissions; andRiver basin authorities

Dispute Resolution (Articles Dispute Resolution (Articles 34 – 35)34 – 35)

Dispute Resolution (Articles Dispute Resolution (Articles 34 – 35)34 – 35)

New development in Mekong Regime. Four-steps:

By MRC JC and Council;By government concerned (diplomatic

channel);Third party intervention (good office,

fact finding, and mediation;Apply international law principles.

Global Benefits from MRC Global Benefits from MRC activitiesactivities

Global Benefits from MRC Global Benefits from MRC activitiesactivities

Major contribution to timely and catalytic intervention to prevent further degradation water and ecological resources of regional and global significance;

The success is critical not only to the protection and wise use of water resources, but to securing broader cooperation in other fields.

Thank you for your kind attentionThank you for your kind attentionThank you for your kind attentionThank you for your kind attention