ASSESSING THE ROLE OF LEGAL DOCUMENTATION IN TRANSBOUNDARY COLLABORATIONS: A COMPARATIVE ANALYSIS OF WATER SUPPLY PROJECTS IN HONG KONG AND SINGAPORE

摘要

This article serves to improve the efficacy of transboundary collaborations by examining the impact of legal documentation on water project management. Legal documentation in collaborative governance is valued for the behavioural norms it advocates and the fairness with which it attempts to treat all participants. However, Hong Kong seems to hold a marginalised bargaining position in its transboundary water supply collaboration with Mainland China. By comparing the legal context of water supply projects in Hong Kong and Singapore, this article suggests that the legal framework concerning water rights, water management, and dispute resolution mechanisms may help to explain participants' positions in collaborations. In addition to offering a theoretical explanation, this comparative study provides a vivid context for the discussion of how legal documentation and an unfair bargaining position are related to Hong Kong's access to transboundary water consumption and management. This article not only sheds new light on the understanding of the role of legal documentation in water supply projects under the 'One Country, Two Systems' principle, but also advises the Hong Kong government on addressing water safety concerns from a strategic planning angle, namely by the diversification of its water sources in accordance with the Singaporean experience.