Legal Issues of Mekong Water Allocation: The Case Study of Thailand

Abstract

This study examines the legal issues surrounding the water allocation of the Mekong River, which significantly impacts Thailand, especially regarding agriculture, fisheries, and overall water security. Data were collected and subjected to qualitative analysis via content analysis. The findings revealed significant concerns: The Mekong Agreement underscores the principle of Equitable and Reasonable Utilization (ERU), though its implementation has been a subject of contention. Upstream nations, notably China, have been criticized for prioritizing their own interests, impacting downstream nations such as Thailand. Environmental Impact Assessments (EIA) raise concerns regarding their sufficiency for large infrastructure projects, such as dams, which may result in considerable environmental and social consequences. The Mekong River Commission (MRC) faces criticism regarding its insufficient legal framework for the enforcement of comprehensive Environmental Impact Assessments (EIAs).The governance of transboundary water resources in the Mekong River involves a complex legal framework characterized by multiple regulatory layers and overlapping jurisdictions. This may result in conflicts and difficulties in coordinating efforts among the six MLC member countries. There have been requests for increased public involvement in decision-making processes concerning water allocation and infrastructure projects. The MRC has been called upon to guarantee that impacted communities are represented in these processes. The Mekong Agreement aligns with international water law; however, recommendations exist to enhance its compatibility by aligning it with global water conventions, including the UN Watercourses Convention. The legal issues underscore the necessity for enhanced frameworks and improved collaboration among MLC member countries to guarantee sustainable and equitable utilization of the Mekong River's resources.