3rd Mekong Forum on Water, Food & Energy 2013. Presentation from Session 2: Cross Border Dialogue: understanding how to best manage the transboundary benefits and costs of hydropower development within the Water-Food-Energy Nexus

1. Trans-boundary Water
Management: water, food, and
energy
Zha Daojiong
School of International Studies
Peking University
Email: zha@pku.edu.cn

2. Water and “Security”
• The straw man of water as a security referent
– A cause of military conflict
– A source of conflict prevention/reduction
– An ingredient of economic security
– An object of environmental + ecological
sustainability
– A human right to guard against deprivation
• Water, food, energy
– Essential for each country, at all levels
– Dialogue understandably contentious
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3. State-centric philosophies
• Absolute territorial sovereignty
– Utilization of water of an international river a right
– No duty to consult
– Diversion acceptable
• Absolute territorial integrity
– Lower riparian has right to a full flow of water of
natural quality
– Consent of the downstream riparian required
– Diversion certainly not acceptable
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4. Philosophical Assertions
• Limited territorial sovereignty (sovereign
equality)
– Do not prejudice rights and interests of coriparians
– Sovereignty is relative and qualified
– The co-riparians have reciprocal rights and duties
– Each is entitled to an equitable share of its
benefits
• Problem: a cycle of assertions
– “My country first” dominates/dictates
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5. A U.N. Instrument
• Convention on the Law of the Non-Navigational Uses of
International Watercourses
– Concluded in 1997
• 103 countries in favor, 3 against (Burundi, China and Turkey)
– Formal negotiation commenced in 1970
– As of October 2013, 4 ratifications short of required number [35]
to enter force
• Key Principles
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Equitable and reasonable utilization
Obligation not to cause significant harm
Notification, consultation and negotiation
Cooperation and information exchange
Peaceful settlement of disputes
Beijing Forum 2013
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6. Grand Images
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7. Grand Images
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8. A less passionate view
• Human change to a water course: no easy priority
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Flood abatement  life and property
Irrigation  food
Navigation  commerce
Electricity generation  a necessary evil
• Other energy source available?
• At what monetary cost?
• And pace of bringing electricity to homes?
• Adaptation strategies
– Learning from each other’s experiences
• Water use and minimization of ecological change

9. Challenges for inclusive water
governance
• Consult the affected populations first
– A conceived water project necessary, to whom?
– Compensation to affected populations adequate?
– Choice of participation in project construction and
operation available?
• Jobs and profit sharing
– Incorporation of indigenous knowledge in project
development?
– Familiar life and environment changed
• Assistance to preparation for a different lifestyle?

10. Challenges
• Corporations, domestic and international
– Standard practices
• EIA, SIA
– Needed
• Risk management capacity
• Governments must measure up
– Holding corporations responsible
– Life-long cycle of a project
• Safety and post re-settlement assistance
• Environmental protection

11. Challenges
• At the country-to-country level
– Water as a sovereign OR common resource
– Improving quality of gov’t-to-gov’t negotiations
• Consensus building must go beyond anointed
professionals
– Maximize transparency about a project
• Within and beyond own nation-state boundaries
– Continuously communicate with all stakeholders
• At all phases of water use projects

12. Thank you for listening
• Comments and questions welcome
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