Layers of regulation in transboundary water governance: exploring the role of third states in the Lancang–Mekong

Abstract

The non-navigational uses of transboundary freshwaters are regulated by global frameworks, general and regional customary international law, regional treaty-based frameworks and/or watercourse-specific agreements. These layers of regulation intersect and overlap, and only bind those states that have chosen to become parties to the relevant legal agreements. This paper first provides a theoretical tour d’horizon of this legal problématique, identifying a series of problems and possible solutions based on the Vienna Convention on the Law of Treaties. The practical consequences of this problématique will then be explored in the context of the Lancang–Mekong River, and the interaction between the various legal frameworks at play.