Research On The Direction Of Practice In International Water Laws On Transboundary Rivers In China

With the global economic and social development, scarcity of fresh waterresources is becoming more and more serious, therefore, the development andutilization of transboundary rivers resources gradually turn into an international topic.Since transboundary rivers impacts more than one single country’s sovereignty, theinternational community signed a large number of bilateral or multilateralagreements, and enriches legal provisions through international judicial and arbitral.Hence, the general principles of law on the utilization and protection oftransboundary rivers are gradually formed.The number of transboundary rivers of China is one of the world’s third. WhileChina’s current practice of international law of transboundary rivers still maintains inthe beginning stages. Because of the natural and social attributes, the legal practiceof transboundary rivers is full of uncertainty and difficult to replicate. Therefore, thisthesis based on the analysis of the general legislation principles of the utilization andprotection of transboundary rivers, combined with China national condition, raisesthe suggestion of speeding up China legislation on the practice of international lawof transboundary rivers.By analyzing the principles and practice of international law of transboundaryrivers, this thesis elaborates on the limitations of current principles and therelationship between rights and obligations of transboundary rivers, and providesfurther work suggestions for the future.The whole thesis is divided into four parts.At the beginning, the thesis points out that the research on the international lawof transboundary rivers is urgent and indispensable for China’s economicdevelopment and water resources utilization. As the biggest developing country inthe world, China’s international status entails increased responsibility of thelegislation research, especially the research of the legal relationship between rightsand obligations of transboundary rivers resources. The first part elaborates on the main theories of international law oftransboundary rivers, including the concept of transboundary rivers, the overview ofinternational river legislation, etc.,indicates that the legislation adjustment on therelationship between rights and obligations of transboundary rivers is the key to thequestion.Helsinki rules and Convention on Law of Non-Navigational Uses ofInternational Watercourses, have been widely accepted by many countries. Basing onthe study of these two legal documents, the second part focuses on the analysis ofinternational customary law and basic principles of transboundary rivers, andprovides a theoretical basis for research on legislation practice of international law oftransboundary rivers.The third part focuses on the practice of international law of transboundaryrivers basing on the case study of Rhine Valley. This section further discusses thedevelopment tendency of transboundary rivers.Basing on former analysis, the fourth part further discusses the developmentpossibility of the law of transboundary rivers of China, and proposes the basicposition, the domestic policies and strategies for international affairs ontransboundary rivers of China. Besides, it’s emphasized that China should alwayshold rational views on international river legislation, such as the legal effect ofConvention on Law of Non-Navigational Uses of International Watercourses, whichhas been taken as authority by some scholars.The final section is the summary and conclusion of the whole thesis. As theultimate goal of international legislation on transboundary rivers, sustainabledevelopment should always be put in the first place. The utilization rights andprotection obligations of transboundary rivers are ultimately to achieve the rights ofsurvival and development of human beings. In order to realize sustainabledevelopment with neighboring countries, it’s necessary to promote the constructionof international legislation by enhancing practice in the field, and promptinternational legislation to establish a peaceful, stable, fair and reasonable new international political and economic order.