International Water Law in the Mekong River Basin: A Role for Amicus Curiae? (Published)
The current framework for public participation under the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin has no clear statement or mechanism for access to justice. Without access to justice, the public is limited in its ability within the context of the agreement to enforce and verify obligations as well as prevent or remedy adverse impacts related to the development and management of the Mekong River Basin. In the event the parties to the agreement submit differences and disputes to an international court or tribunal, the procedure of amicus curiae can be used to facilitate access to justice. This article explores the background of access to justice in the context of the agreement and how the procedure of amicus curiae may function to facilitate access to justice.
Keywords: International law, access to justice, amicus curiae, public participation, water