Transboundary Waters, Infrastructure Development and Public Private Partnership

Through the Prism of the Nam Theun 2 and Xayaburi Hydropower Projects

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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.
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Biographical Note

Richard Kyle Paisley, is the Director, Global Transboundary International Waters Governance Initiative, Institute of Asian Research, University of British Columbia, Vancouver, Canada. His research, teaching, graduate supervision and advisory interests include international water and energy law, international environmental law, negotiations, environmental conflict resolution and international business transactions.

Theressa Etmanski, J.D., M.A. (2012), The University of British Columbia, is a Canadian lawyer who has worked in the field of human rights across Southeast Asia.

Riley T. Denoon, J.D. (2012), University of British Columbia, LL.M.(2017), McGeorge School of Law, is a J.S.D. candidate of International Transboundary Water Law at McGeorge School of Law

Patrick Weiler, J.D. (2012), The University of British Columbia, is a Barrister and Solicitor in BC, Canada.

Table of contents

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

Readership

Relevant for practitioners, with interest or aptitude in transboundary international waters, infrastructure development and/or public private partnerships.

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