Legal plurality in Mekong hydropower: its emergence and policy implications

The changing role of the state and the increased participation of non-state actors has blurred the meaning of international affairs and highlighted overlapping power structures at international, national, and local levels. This paper illustrates how these power structures shape the hydropower decisi...

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Autores principales: Suhardiman, Diana, Giordano, Mark
Formato: Capítulo de libro
Lenguaje:Inglés
Publicado: Springer 2014
Materias:
Acceso en línea:https://hdl.handle.net/10568/65293
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author Suhardiman, Diana
Giordano, Mark
author_browse Giordano, Mark
Suhardiman, Diana
author_facet Suhardiman, Diana
Giordano, Mark
author_sort Suhardiman, Diana
collection Repository of Agricultural Research Outputs (CGSpace)
description The changing role of the state and the increased participation of non-state actors has blurred the meaning of international affairs and highlighted overlapping power structures at international, national, and local levels. This paper illustrates how these power structures shape the hydropower decision making landscape in one of the world’s most dynamic transboundary basins, the Mekong. Using the Lao PDR as a case study, we highlight how international donors’ influence in the overall shaping of national policy and legal frameworks, the state’s positioning of hydropower development as the main source of revenue, and the emerging importance of private sector actors manifested in overlapping rules and legal plurality in hydropower decision making. While legal plurality reflects the inherently contested terrain of hydropower, it also highlights the importance of power geometries and the scale dynamics in hydropower governance. The growing role of non-state actors may be interpreted as a reduction in state decision making power, but it may also be seen as a means for the state to take advantage of competing interests, in this case receiving both donor funding and private capital. If international donors expect national government agencies to promote meaningful application of internationally defined socio-environmental safeguards, they need to create space for critical discussion and move beyond the current standardized approach in promoting sustainable hydropower development.
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spelling CGSpace652932023-12-08T19:36:04Z Legal plurality in Mekong hydropower: its emergence and policy implications Suhardiman, Diana Giordano, Mark legal aspects legal systems water power policy making decision making international waters private sector international loans funding financial institutions government agencies socioeconomic environment case studies The changing role of the state and the increased participation of non-state actors has blurred the meaning of international affairs and highlighted overlapping power structures at international, national, and local levels. This paper illustrates how these power structures shape the hydropower decision making landscape in one of the world’s most dynamic transboundary basins, the Mekong. Using the Lao PDR as a case study, we highlight how international donors’ influence in the overall shaping of national policy and legal frameworks, the state’s positioning of hydropower development as the main source of revenue, and the emerging importance of private sector actors manifested in overlapping rules and legal plurality in hydropower decision making. While legal plurality reflects the inherently contested terrain of hydropower, it also highlights the importance of power geometries and the scale dynamics in hydropower governance. The growing role of non-state actors may be interpreted as a reduction in state decision making power, but it may also be seen as a means for the state to take advantage of competing interests, in this case receiving both donor funding and private capital. If international donors expect national government agencies to promote meaningful application of internationally defined socio-environmental safeguards, they need to create space for critical discussion and move beyond the current standardized approach in promoting sustainable hydropower development. 2014 2015-04-30T13:41:34Z 2015-04-30T13:41:34Z Book Chapter https://hdl.handle.net/10568/65293 en Limited Access Springer Suhardiman, Diana; Giordano, M. 2014. Legal plurality in Mekong hydropower: its emergence and policy implications. In Bhaduri, A.; Bogardi, J.; Leentvaar, J.; Marx, S. (Eds.). The global water system in the anthropocene: challenges for science and governance. Heidelberg, Germany: Springer. pp.355-367. (Springer Water)
spellingShingle legal aspects
legal systems
water power
policy making
decision making
international waters
private sector
international loans
funding
financial institutions
government agencies
socioeconomic environment
case studies
Suhardiman, Diana
Giordano, Mark
Legal plurality in Mekong hydropower: its emergence and policy implications
title Legal plurality in Mekong hydropower: its emergence and policy implications
title_full Legal plurality in Mekong hydropower: its emergence and policy implications
title_fullStr Legal plurality in Mekong hydropower: its emergence and policy implications
title_full_unstemmed Legal plurality in Mekong hydropower: its emergence and policy implications
title_short Legal plurality in Mekong hydropower: its emergence and policy implications
title_sort legal plurality in mekong hydropower its emergence and policy implications
topic legal aspects
legal systems
water power
policy making
decision making
international waters
private sector
international loans
funding
financial institutions
government agencies
socioeconomic environment
case studies
url https://hdl.handle.net/10568/65293
work_keys_str_mv AT suhardimandiana legalpluralityinmekonghydropoweritsemergenceandpolicyimplications
AT giordanomark legalpluralityinmekonghydropoweritsemergenceandpolicyimplications