The Basin Approach and Common Management Sample Clauses

The Basin Approach and Common Management. The Mekong Agreement relates to the ‘Mekong River Basin’,218 but the Agreement does not clarify how the term should be interpreted or what it encompasses. From the context of the Agreement it can however be assumed that the adopted approach is more closely in line with the concept of the 1997 water Convention than with the basin approach of the Helsinki Rules. Contrary to what can be deduced from the phrasing of ‘Mekong River Basin’ in e.g. articles 1-3 and to Xxxxxx’x and Xxxxx’x findings,219 I find that the basin approach has not been applied in the case of the Mekong River. China and Myanmar are not parties to the Agreement, thus excluding the upper parts of the river basin from the scheme of joint management within MRC.220 Even within the lower basin the MRC is only responsible 212 Mekong Agreement, Article 1. 213 See 1992 Convention on Climate Change, Article 3; 1992 Convention on Biological Diversity, Articles 8 and 10; 1994 Convention to Combat Desertification, Articles 4 and 5. 214 E.g. 1992 UNECE Convention on Transboundary Watercourses, Article 2, 3; 1994 Danube Convention, Article 2; 1999 Rhine Convention, Articles 2, 3; 1995 SADC Protocol on Shared Watercourses, Article 2 (Xxxxxx and Xxxxx, 2002, p. 317). 215 Xxxxxx and Xxxxx, 2002, p. 86. 216Birnie and Xxxxx, 2002, p. 85. 217 Xxxxxx and Xxxxx, 2002, p. 85. 218 E.g. Mekong Agreement, Articles 1, 2 and 3. 219 Xxxxxx and Xxxxx, 2002, p. 299. 220 A possible explanation of why the term ‘Mekong Basin’ has been used, even though the upper riparians are not parties to the Agreement might be that the parties want to keep the
Sample 1
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