The Legal Study On The Harmonious Exploitation Of Cross-border Water

Cross-border water is an important portion of world water system. With thedevelopment of economy and the shortage of water resources, the relevant countriesaggravate the use to cross-border water, giving rise to the serious pollution, the criticaldestruction of eco-hydrology, the increasing contradiction of the riparian countriesresulting from the unbalanced utilization, and the continuous cross-border waterconflicts. Therefore, the article definitely proposes the scientific connotation ofcross-border water’s harmonious exploitation, and then completely analyzes its mainobstacles for world today. As for the types, allocations,causes and substanceof theseobstacles, it probes deeply into the core problem––legal issues on water rightsdistribution with the guidance of some basic principles like fair and reasonableutilization; And we proposes the procedures and methods to solve the consequentconflicts peacefully; According to the theory of cross-border water’s harmoniousexploitation, the paper proposes the conception of structuring “Treaty of Cross-borderWater’s Harmonious Exploitation” and advice about the construction of the basicframework as well as several issues with combination of the necessity to drafting“Treaty”. It mainly includes:(1) To define the connotation on the harmonious exploitation of cross-border waterand demarcate cross-border water’s concept from both broad and narrow. Byanalyzing the natural attribute and social attribute of cross-border water and on thewater ethics basis of respecting nature, achieving the harmony between people andwater, it proposes the scientific connotation from the harmony of each basin countryand hydrological ecological environment, the harmony among the basin countries inthe development of cross-border water.(2) To discuss the key obstacles––cross-border water conflicts. The article analyzesits characteristics, causes, factors, types and global allocations, and investigates itsessence to face the conflicts frankly, solve them actively, add the harmoniouselements maximally, and reduce the discordant ones for achieving the harmoniousexploitation of cross-border water.(3)To study the fundamental legal principles. The paper deeply researchescross-border water’s harmonious exploitation from legal basis, connotation, Judicialpractice and so on. It mainly includes: equity and rationality, harmlessness,international cooperation, compensation benefits, and sustainable development, etc.And fair and reasonable utilization principle is the core principle throughout the legaltheory of cross-border water’s harmonious exploitation.(4)To research legal issues about cross-border water’s distribution rights. On thebasis of clarifying the concept, content and legal theory of cross-border water, thepaper discusses the distribution goals, development models, allocation criteria, considerations, organizations and so on comprehensively, according which, it analysesthe legal issues in cross-border water’s distribution rights, and proposes solutions.(5) To propose the procedures and methods of the peaceful solution to cross-borderwater conflicts. It analyses the characteristics of procedures to solve the conflicts incross-border water’s development, and proposes the procedures and methods tosolve the conflicts peacefully, after discussing legal issues existed in the compulsorysolution procedures of “Treaty of International Canal Non-navigation Use Law”. Asfar as the settlement procedures, when conflicts happened, consult and negotiatefirstly; if failed, have the aid of other political settlements; if it was still failed, trysome legal settlements. Compulsory fact-finding is the controversial ultimatesettlement. In the specific process of solving water conflicts, taking which measureshould base on the dispute’s quality and various settlements’ characteristics of theparties, and then select the appropriate method.(6) The conception of structuring “Treaty of Cross-border Water’s HarmoniousExploitation” on the basis of cross-border water’s harmonious exploitation theory.The paper proposes the conception of structuring “Treaty of Cross-border Water’sHarmonious Exploitation” by making use of cross-border water’s harmoniousexploitation theory. It proposes the framework by analyzing the issues existed inmodern international water law and on the basis of fully absorbing the reasonablecontent of international water law. And it proposes the definite advice to aspects asbasic principles of “Treaty”, cross-border groundwater legislations, provisions aboutcross-border water’s allocation rights, basin organizations of cross-border water inorder to providing legal basis and principled guidance for cross-border water’sharmonious exploitation.(7)On the basis of the researches above, the paper proposes the definite advice onexploiting cross-border water harmoniously, like carrying out cross-border watercooperation in scientific research.