TITLE:
The Role and Problems of Environmental Impact Assessment in Governing Hydro-Power Projects in Cambodia
AUTHORS:
Han Xia
KEYWORDS:
EIA Legislation and Practices, Land Dispute, Expropriation, Public Participation
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.2,
May
22,
2020
ABSTRACT: Hydro-power projects on the Mekong River may cause great impacts on sustainability of the river. This paper investigates the role of Cambodia’s environmental impact assessment (EIA) in governing hydro-power projects and examines whether the current EIA legal regime is capable to address the challenges raised by hydro-power projects. The author finds that Cambodia has established high standards in EIA legal framework. Some proposed requirements, such as the consideration of the impacts of climate change and trans-boundary impacts, may constitute great challenge for future enforcement. Case study in hydro-power projects suggests that the implementation of EIA is far from fulfilling the purposes promised by the black letters in the law. Currently, the main difficulties in implementation are lack of capacity building and public participation. The imperfection of land law as an external element is another obstacle to the effectiveness of EIA law. As a mid-stream riparian state of the Mekong River, on one hand Cambodia is facing potential negative impacts of hydro-power projects in Lao PDR and China, on the other hand, its hydro-power projects may add more threats to the sustainability of Mekong River. This paper argues that for the sustainability of the Mekong water system, Cambodia should implement its EIA law seriously and speed the work of land titles.