International Law

Transboundary Waters, Infrastructure Development and Public Private Partnership: Through the Prism of the Nam Thuen 2 and Xayaburi Hydropower Projects

Edited by Richard Kyle Paisley · Theressa Etmanski · Patrick Weiler
Brill Academic Publishers November 2017

Specifications

ISBN-13
9789004359758
Publisher
Brill Academic Publishers
Publication
November 2017
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Public-Private Partnerships (PPPs) have increasingly emerged as a valuable mechanism for drawing in investment and expertise from the private sector to meet public infrastructure needs. PPPs involving transboundary international waters require particular attention given their huge potential for social and environmental impact.

Transboundary Waters, Infrastructure Development and Public Private Partnership examines what PPPs are and how they function in the context of transboundary waters. It explains how environmental and social "safeguards” operate in relation to PPPs and transboundary waters in light of the Nam Theun 2 and the Xayaburi Hydroelectric Power projects in Laos PDR. Finally, it draws important lessons from their contractual arrangements, costs, financing and risk mitigation that are relevant to PPPs in other transboundary waters matters.

Table of Contents

Introduction
A Public-Private Partnerships
B International Watercourses Law and PPPs
C The Governance of PPPs through ‘Policies’ of Multilateral Development Banks
D The Mekong River Basin, the 1995 Mekong Agreement and the Nam Theun 2 Hydropower Project
E Contractual Structure
F Project Cost and Financing/Risk Mitigation
G Xayaburi Project
H Concluding Remarks
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