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Enforcing transboundary water obligations through investment treaty arbitration: China, Laos and the Mekong River
Author(s) -
DazaClark Ana Maria
Publication year - 2020
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12365
Subject(s) - china , arbitration , negotiation , investment (military) , treaty , enforcement , intersection (aeronautics) , mekong river , international law , settlement (finance) , international investment , business , political science , foreign direct investment , geography , law , structural basin , paleontology , cartography , finance , politics , payment , biology
The study of the intersection between international investment law and international water law is not new. However, this intersection may be better understood through the analysis of specific case studies, regions and/or economic sectors. This article observes the relationship between China and Laos in connection to the construction of dams in the Lancang/Mekong River. In so doing, it addresses China’s attitudes towards the negotiation and conclusion of economic integration and transboundary water agreements, observing a sharp contrast between the two. Against this background, the article examines some of the most important agreements between China and Laos regarding both the protection of foreign investment and the management of shared waters. The article argues that investor‐State dispute settlement may lend some ‘teeth’ to the enforcement of transboundary obligations with regard to the Mekong River.