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

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.

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.