SBR- Content.pmd - INBO

State of the Basin Report - 2003The 1995 Agreement on Cooperation for theSustainable Development of the Mekong Basin 3The 1995 Agreement is a relatively short document thatcodifies general principles of international water lawand emerging principles of international environmentallaw. It also provides a basis for cooperation, which willbe robust enough to enable decision-making under avariety of conditions.Similar to the 1997 United Nations Convention on theLaw of the Non-Navigational Uses of InternationalWatercourses, the 1995 Agreement is a frameworkagreement that needs to be further developed by adoptingvarious technical rules and procedures through a dynamicconsensus-building process. It is common internationalpractice, especially with resources shared by more thantwo countries, to set up a framework agreement and agreeto develop additional rules or standards through subsequentstudies and negotiations, or to separate technical standardsfrom the basic treaty.Under the 1995 Agreement, all decisions must be adoptedby a unanimous vote, unless otherwise decided by MRC’sgoverning bodies. In practice, decisions are reached byconsensus through a process of consultation andnegotiation that balances the interests of all stakeholdersand seeks acceptable solutions for all parties without anyvote required.The 1995 Agreement significantlybroadened the focus of MekongCooperationIf disputes arise, the agreement provides for a four-step process. At the first level, MRC’s governingbodies, its Council and Joint Committee, attempt to resolve the dispute. If the dispute cannot beresolved at that level, then diplomatic channels are used to negotiate among the governmentsconcerned. If diplomacy fails, then third-party intervention takes place that includes fact-findingmissions and mediation. Finally, if all these efforts fail, principles of international law are applied.These provisions are a considerable change, as the Mekong Committee, which preceded MRC,never considered contentious items.Cooperative decision-making is assured by MRC’s structure. The four countries are equallyrepresented on the two bodies that govern the Mekong River Commission – the MRC Council andthe MRC Joint Committee. The MRC Council, which is comprised of one cabinet-level ministerfrom each country and meets once a year, sets the overall policy for the organisation. The JointCommittee, which is comprised of one member at director-general level from a water resourcesline agency in each country, meets at least two times a year to approve MRC annual work plansand oversee the financial management of the organisation. The Secretariat undertakes the work ofthe Commission and provides administrative and technical support.National Mekong Committees (NMCs) were originally established under the Mekong Committeeto coordinate implementation of projects at the national level. Today each NMC provides supportto its national members of MRC’s Council and Joint Committee. The NMCs also play anincreasingly important role in coordinating MRC’s work at the national level and in implementingMRC programmes in conjunction with line agencies.286