From April to November 2019, the Sanjiangyuan was wetter than usual. The grassy plateau, whose rainwaters drain into the Yangtze, Yellow and Mekong rivers, has seen more rainstorms and increased snowmelt in recent years due to climate change. But, despite abundant rainfall on the Sanjiangyuan, a severe drought struck the Mekong delta causing the river to drop to its lowest level in over 100 years and consequently devastating fish populations.

A new study reveals that, at the same time as the drought, Chinese dams on the upper Mekong impounded more water than ever before. This study substantiates longstanding fears held by both environmentalists and foreign policy experts that China’s keen dam building upriver would cause problems downriver. 

China has dismissed the findings. This is in contrast to the United States government which has likened the impact to Chinese aggression in the South China Sea. Overall, the study highlights the need for the lower Mekong nations to push for a formal water treaty with China in order to protect this economically vital river. For China, this risks becoming an opportunity for increased US influence in South-east Asia. 

THE IMPORTANCE OF THE MEKONG RIVER

The Mekong flows through China, Tibet, Laos, Cambodia and Vietnam before discharging into the South China Sea. It also marks the national borders of Thailand and Myanmar. The lower Mekong basin is home to approximately seventy million people, forty million of whomrely on fishing, making the river’s fisheries some of the largest in the world. Furthermore, the river has long been essential to rice cultivation in the basin, and more recently to providing hydroelectric power.

Since 1995, the lower Mekong nations - Cambodia, Laos, Thailand and Vietnam - have worked together to ensure sustainable development of the river through the Mekong River Commission. The Commission aids in water monitoring and information sharing between its member states, as well as providing a mechanism for each member to notify and consult the others before the start of any dam-building project on the river. 

Article 5 of the 1995 Mekong Agreement, which established the Commission, also binds members to use the river’s waters in a reasonable and equitable manner, with Article 7 requiring them to prevent the harmful effects of development. Article 8 makes members responsible for damages caused to fellow members, subject to international law.

THE CHINA PROBLEM

Although the Commission cannot veto development projects in member states, political pressure has stalled, suspended and stopped many projects which could have damaged the river’s ecosystem. Unfortunately, the Commission is powerless to stop the environmental damage caused by non-member China’s dam building upriver. 

Historically, the lower Mekong nations have been reluctant to criticise China directly: China is the largest trading partner of Cambodia, Thailand and Vietnam, and often a major stakeholder in these countries’ own dams. Laos, in particular, has been hesitant, as it pursues its own ambition to become the “battery of Asia” through its own dam building. 

However, as human population growth and climate changeput pressure on the river’s economically vital ecosystem, the lower Mekong nations cannot afford to be silent. The only long-term solution is for them to enter into a water treaty with China similar to the 1995 Mekong Agreement. Whilst water treaties are not infallible, they do encourage greater transparency and consultation over the use of water resources. They also provide a clearer legal basis for a contracting state to seek compensation from another contracting state where damage has been caused.

China, accustomed to acting unilaterally, is reluctant to tie its hands with a water treaty between itself and the lower Mekong nations, especially given its strained relations with Vietnam. However, by denying the lower Mekong nations any means of addressing or resolving current or future concerns about its development of the Mekong river, China fuels anti-China sentiment in South East Asia and may inadvertently revive US influence in the region.

Samuel is a trainee solicitor and postgraduate at Cardiff University. He is active in several U.K.-based organisations campaigning on behalf of Hong Kong and BNOs. His research interests include transitional justice and the rule of law.

LinkedIn