PhD: The future of international law applicable to hydropower projects on transboundary rivers via FindAPhD

About the Project

Hydropower is a crucial energy source in the transition away from fossil fuels. As a renewable energy, hydropower has the potential to make a substantial contribution to achieving Sustainable Development Goal (SDG) 7 (ensure access to affordable, reliable, sustainable and modern energy for all), and more specifically SDG target 7.2 (by 2030, increase substantially the share of renewable energy in the global energy mix).  However, a major obstacle to realising Hydropower’s potential is that 70 per cent of dams under construction or planned are on river shared between countries (Llamos and Sovacool, 2021).   Developing hydropower projects on these shared rivers, requires countries to cooperate to ensure that projects are implemented in an equitable and sustainable manner. An effective legal and institutional framework must therefore be in place to ensure that any benefits from such projects are shared equitable, and potentially impacts on potentially affected communities and ecosystems are carefully evaluated and mitigated in a sustainable way.

The importance of transboundary cooperation is recognised in SDG target 6.5, which calls for the implementation of integrated water resources management (IWRM) at all levels, including through transboundary cooperation, by 2030. Unfortunately, in many transboundary rivers, countries lack the necessary operational arrangements to support IWRM, and in turn to ensure that transboundary hydropower projects can be implemented in a peaceful, sustainable and equitable way (UNECE and UNESCO, 2021).  A related challenge is that international law concerning hydropower projects on transboundary rivers is fragmented.  A myriad of laws relating to human rights, environmental protection, water resources, investment and so on may apply to a particular hydropower project.  These laws are supplemented by a suite of policies, standards, and guidelines developed by international organisations, such as the International Hydropower Assessment, the Equator Principles, the OECD, and Development Banks.    

The purpose of this study will be to evaluate the capacity of existing laws, policies, standards and guidelines concerning transboundary hydropower projects to achieve sustainable and equitable outcomes.  The study will adopt a case study approach.  A selection of individual hydropower projects across Africa, Asia, Europe, and North and South America will be studied with a view to identifying experiences and lessons learned that can inform future projects on transboundary rivers.  

Academic Enquiries

This project is supervised by Professor Alistair Rieu-Clarke. For informal queries, please contact Alistair.rieu-clarke@northumbria.ac.uk. For enquiries relating to eligibility or application process please use the form below to contact Admissions.

Eligibility Requirements:

• Academic excellence i.e. 2:1 (or equivalent GPA from non-UK universities with preference for 1st class honours); or a Masters (preference for Merit or above); or APEL evidence of substantial practitioner achievement.
• Appropriate IELTS score, if required.
• Applicants cannot apply if they are already a PhD holder or if currently engaged in Doctoral study at Northumbria or elsewhere.

To be classed as a Home student, candidates must:

• Be a UK National (meeting residency requirements), or
• have settled status, or
• have pre-settled status (meeting residency requirements), or
• have indefinite leave to remain or enter.

If a candidate does not meet the criteria above, they would be classed as an International student.  

Applicants must be fully enrolled in the UK before stipend payments can commence and cover any additional costs that may be incurred, as these are not covered by the studentship:

• Immigration Health Surcharge https://www.gov.uk/healthcare-immigration-application
• If you need to apply for a Student Visa to enter the UK, please refer to https://www.gov.uk/student-visa. It is important that you read this information carefully as it is your responsibility to ensure that you hold the correct funds required for your visa application, otherwise your visa may be refused.
• Costs associated with English Language requirements which may be required for students not having completed a first degree in English, will not be paid by the University.

APPLY HERE:

https://www.northumbria.ac.uk/research/postgraduate-research-degrees/how-to-apply/

In your application, please include a research proposal of approximately 1,000 words and the advert reference (e.g. RDF24/…).

Deadline for applications: 26 January 2024

Start date of course: 1 October 2024

Northumbria University is committed to creating an inclusive culture where we take pride in, and value, the diversity of our postgraduate research students. We encourage and welcome applications from all members of the community. The University holds a bronze Athena Swan award in recognition of our commitment to advancing gender equality, we are a Disability Confident Leader, a member of the Race Equality Charter and are participating in the Stonewall Diversity Champion Programme. We also hold the HR Excellence in Research award for implementing the concordat supporting the career Development of Researchers and are members of the Euraxess initiative to deliver information and support to professional researchers.

Funding Notes

Home and International students (inc. EU) are welcome to apply. The studentship is available to Home and International (including EU) students and includes a full stipend at UKRI rates (for 2023/24 full-time study this is £18,622 per year) and full tuition fees. Studentships are also available for applicants who wish to study on a part-time basis over 5 years (0.6 FTE, stipend £11,173 per year and full tuition fees) in combination with work or personal responsibilities.
Please also see further advice on additional costs that may apply to international students.

References

Llamos C and Sovacook, BK, ‘Transboundary hydropower in contested contexts: Energy security, capabilities, and justice in comparative perspective’, 37 Energy Strategy Reviews (2021)
Rieu-Clarke A, ‘Transboundary Hydropower Projects Seen Through the Lens of Three International Legal Regimes – Foreign Investment, Environmental Protection and Human Rights’ 3(1) International Journal of Water Governance (2015)
Rieu-Clarke A, ‘The Duty to Take Appropriate Measures to Prevent Significant Transboundary Harm and Private Companies: insights from transboundary hydropower projects’ 20 International Environmental Agreements: Politics, Law and Economics 667 (2020)
Rieu-Clarke A, ‘Notification and Consultation Procedures under the Mekong Agreement: insights from the Xayaburi controversy’ 5(1) Asian Journal of International Law 143
Rieu-Clarke A, ‘Notification and Consultation on Planned Measures Concerning International Watercourses: Learning lessons from the Pulp Mills and Kishenganga Cases’ 24(1) Yearbook of International Environmental Law 102 (2014)
Tanzi A, ‘International Law and Foreign Investment in Hydroelectric Industry: A Multidimensional Analysis’ 18 International Community Law Review 183 (2016)
UNECE and UNESCO, Progress on Transboundary Water Cooperation – Global Status of SDG indicator 6.5.2 and Acceleration Needs 2021 (UN and UNESCO 2021)