The Asymmetry of ASEAN Law: Unsustainable Development Phenomenon of Transformative State Enterprise in Case of Cross-border Power Plant Projects

Abstract This article aims to study regional law related to manipulating cross-border environmental impact from the phenomenon of cross-border power plants invested by Thai state enterprises. The writer uses qualitative research methods by using 3 concreted case studies of cross-border power plants located on the neighboring countries’ border with Thailand. The company becomes a way for the state to transform its identity from a “state enterprise” to a “private company” for investing in other countries. As a private company, the role of these transformative state enterprises in business has increased significantly; investor, buyer, and seller while maintaining the role of the state in basic public utilities. Any action of these transformative state enterprises has no abuse of sovereignty and no responsibility at the regional level, although, many researchers have shown that the power plant is a cause of gigantic environmental impact. This article shows how state enterprise becomes transformative state enterprise and the asymmetry of ASEAN law between transnational economics and cross-border environmental impact.