| Nowadays humanity is faced with such troublesome problems as populationexplosion, water pollution, and energy crisis. Therefore, it is of vital importance todevelop and utilize transboundary water resources for the sake of a country's energysafety and sustainable economic development. There are263international rivers on theearth accounting for about60percent of global river flow, with two-fifths of the globalpopulation living in the international basin. The riparian countries in international riverbasin should deepen and expand international cooperation in practice for sharingtransboundary water resources. The United Nations has declared2013the InternationalYear of Water Cooperation for every country to further reach the great potential fortransboundary water resource cooperation. The international rivers within our borderreserve great hydropower. To realize the protective utilization of transboundary waterresources, we should widely enhance international cooperation in the field oftransboundary water resources in the future. The theory of international water lawproves that the international cooperation principle has been established with thewidening of the object scopes and collaborative areas of transboundary water resources.This paper suggests that coordination mechanism and legal guarantee system ofinternational cooperation be built to promote sustainable development oftransboundary water resources in the course of utilization, development, governanceand protection.The paper is divided into nine chapters, following the technical route fromtheories to practices, then to systems, finally to how China uses for reference.The first chapter is the introduction. As the beginning of the paper, it introducesthe topic's theoretical and practical significance, overseas and domestic research status,research methods, major content, potential innovations and deficiencies.The second and the third chapter are about theories. The second chapterelaborates on the evolution of theories in terms of the utilization of transboundarywater resources. First, this chapter defines the concept of transboundary water resource.Then, it discusses the change of the concept. The concept of international river has evolved from the one which emphasizes free navigation to that stressing thenavigability as well as the commercial significance of the international watercourse,then to that which lays emphasis on the international basin in terms of the overallexploration and comprehensive utilization of transboundary water resources. Thetheory concerning the utilization of transboundary water resources has developed fromits focus on absolute territorial sovereignty and absolute territorial integrity to that onlimited territorial sovereignty and then to that on community of interests, apparentlyindicating the desalination of sovereignty in the process of its development, thenplacing emphasis on comprehensive utilization. Developments of theories ininternational water law have helped foster a spirit of international cooperation thatpromotes the construction of substantive legal rules.The third chapter demonstrates theoretically that the international cooperationprinciple is a basic principle of international water law. This chapter analyses theforms, evidences and important value of the international cooperation principle.Numerous bilateral treaties, multilateral treaties, soft law documents constituted byinternational law group, judgments of international court and other judicial bodies, allprove that the international cooperation principle is a basic principle of internationalwater law. The international cooperation in the field of transboundary water resourcesmay create economic value, lead to equitable and reasonable utilization, and utilizationwithout major damage. Meantime, it is the objective demand for the protection ofwater resources and environment, which is of great significance to the maintenance ofimpartial and peaceful environment of the international society.The fourth and the fifth chapter are about practices which describe how theinternational cooperation broadens on transboundary water resources. The fourthchapter reveals that the scope of international cooperation on transboundary waterresources is widened. Now the object scope of transboundary water resources mainlyrefers to the international river (lake) existing in the form of surface water, and theinternational convention related to it is <UN Convention on the Law of theNon-navigational Uses of International Watercourses> adopted by the GeneralAssembly of the United Nations in1997which has not come into effect now. After the1950s, the adjustment range of transboundary water resources broadened from surface water to transboundary aquifer. In2008, International Law Commission of the UnitedNations passed by second reading <Draft Articles on Transboundary Aquifers>.Transboundary cloud water used for artificial rainfall and snowfall, freshwaterresource in the Polar Regions owned by all human beings, wastewater recycled aremuch likely to become the focus of utilization and cooperation by every country.The fifth chapter discusses the broad fields of international cooperation ontransboundary water resources. When every country utilizes water resource at theirearly stage, they utilize the river at low rate with their primary contradiction being theproblem of delimitation. After the sailing technique is developed, riparian state freenavigation system is established in the field of transboundary water resources.Non-navigational uses with priority given to power generation have taken control sincethe early20thcentury. The major conflict now is the competition over flow distributionand hydraulic utilization. The conservation cooperation of transboundary waterresources should be the future development priority which demands that the ripariancountries jointly share and protect the transboundary water resources.The sixth and the seventh chapter are about systems. The sixth chapter introducesthe coordinative legal mechanism, which mainly includes communication of data andinformation, environmental impact assessment, joint environmental monitoring, publicparticipation, scientific research and technological development cooperation,notification and cooperation in case of emergency. It can be estimated that there arestill both contradiction and cooperation in the field of transboundary water resources inthe future. With the intensification of regional cooperation and the development ofintegration, it is obvious that cooperation will gradually play the leading role.The seventh chapter presents the legal guarantee system of internationalcooperation. Basin agreements reached and carried out by riparian countries,establishment of basin organizations, and diversified peaceful dispute settlementmechanism offer legal guarantee of international cooperation in the field oftransboundary water resources. Basin agreements and basin organizations haveretained strong features of regional cooperation. Peaceful settlement of transboundarywater resource dispute is the ultimate protection to realize international cooperation in transboundary water resources. Diversified voluntary water dispute settlements are inaccordance with the development trends in the future.The eighth chapter analyzes the status, predicament and suggestion of ourcountry's international cooperation in transboundary water resources. It has beenpointed out in the Twelfth Five-year Plan that the emphasis will be put on thedevelopment of water power generation in Southwest China. At present, water powerdevelopment and water conservancy project in Great Mekong basin of SouthwestChina are the major disputes and conflicts China faces as an upstream country over thetransboundary water resources. This paper gives some brief suggestions. At the microlevel, water power should be developed by overcoming a series of barriers andadopting joint projects. At the meso level, regional cooperation should be intensifiedstep by step with active participation in the construction of basin agreements and basinorganization. At the macro level, more efforts should be exerted in using theinternational funds to develop transboundary water resources.The ninth chapter is the conclusion and prospect. International cooperation intransboundary water resources is widened and deepened, but still has much room forimprovement. Now the international cooperation in transboundary water resources stillfocuses on economic cooperation in water development and project construction, butinternational society still has not established effective system in terms of pollutionprevention and control, and biodiversity conservation. As a principle with vigorousvitality, the international cooperation principle in transboundary water resourcesdepends on the establishment of specific rules around the world. |
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