| China is one of the countries which have many international rivers; the exploitation and utilization of international rivers plays an important role in the sustainable development of our country. In recent years, with the development of economy, international rivers of our country are polluted to some degree. Researches concerning the international rivers started late and legal regulations are also limited. These will affect the pollution prevention and control of international rivers in our country, not conducive to the coordination of relations with states along the international rivers. There are five parts in this article, using comparative analysis, and empirical analysis to discuss the major problems of legal regulations which concerning pollution prevention and control of international rivers in our country.The first part describes the form of legal regulations which concerning the pollution prevention and the control of international rivers in our country.Since international rivers cross two or more than two countries, the management of international rivers is complex, and the relevant domestic laws and regulations alone are often difficult to resolve the dispute of international rivers properly. Therefore, the major forms of legal regulations are various, including international legal norms, domestic legal norms and international practice.The second part expounds the international legal regulations relevant to pollution prevention and control of international rivers in China.This part includes three sections, describing the bilateral regulations of the status and direction, regional regulations of the status and direction, and universal international legal norms which China may invoke. The first section elaborates two problems: the existing and effective bilateral legal regulations between China and Mongolia, Kazakhstan, Russia and other countries, and the trend of the bilateral regulations. Point out that it is extremely necessary to learn from other countries which are representative of the international rivers between the bilateral treaties. The second section considers the development of regional regulations of international rivers in China lags behind, and points out that the agreements on the nature of the regional water basin are more suitable for our country in the trend of regional regulations. The Last section lists the universal international legal norms which China may invoke, including "Rules of International Rivers", "Non-Navigational Uses of International Watercourses Convention on the Law" and the Intergovernmental resolutions and declarations which our country participated.The third part researches the domestic legal regulations relevant to pollution prevention and control of international rivers in China. It focuses on the domestic legal regulations of Russia and Mongolia, and discusses the domestic legal regulations in term of the status and shortages of regulations, then proposes to re-examine the water pollution control system in China.The fourth part elaborates the future construction of legal regulations, which concerns pollution prevention and control of international rivers in China. It concludes three aspects to construct: improving the legal system and innovating, such as improving the emergency response system of international rivers in China, and establishing a rational ecological compensation mechanism and innovating damage compensation system of international river pollution. Improving the law enforcement supervision system, to address the conflicts of interest in the river pollution control, and to make decisions on negotiation problems which between the enforcement body. Strengthening public participation, and to build public participation mechanisms.The fifth part focuses on international legal cooperation of pollution prevention and control of international rivers in China.This section expounds the international legal cooperation, it mainly includes that: following the basic principles, broadening the subjects of international cooperation, and improving the contents of cooperation. Among them, the contents of cooperation concern the establishment of information and data exchange system, the construction of emergency cooperation mechanism, and the improvement of Dispute resolution. |
