Legal Analysis of Nam Theun 2 Concession Agreement

Monday, May 30, 2005

This report presents an analysis of the Concession Agreement (“CA”) between the Government of the Lao People’s Democratic Republic (“GOL”) and Nam Theun 2 Power Company Limited (“NTPC”) and identifies the principal legal issues that may be of interest to outside observers. It particularly focuses on the undertakings of the GOL, the risk allocation between the GOL and NTPC and certain clauses that can affect the ability of the GOL to make changes to the Project for the benefit of its citizens. The report was prepared by Özgür Can and Sheldon Leader, Human Rights Centre, Essex University for Mekong Watch.