Study On The Compulsory Fact-finding Of The Convention On The Law Of The Non-navigational Uses Of International Watercourses

Water is a precious resource which is essential to sustain life.There are approximately 276 transboundary river basins and 600 transboundary aquifers on the planet with a geographical area corresponding to almost half of the earth's surface and 60% of freshwater supplies.Almost three billion people in 145 countries live in this area.For a long time,people use these transboundary water resources for production and life.On the one hand,with the growing exploitation and utilization of transboundary water resources,the global demand for water resources is also increasing.On the other hand,the increasing water pollution problems and a series of environmental problems caused by climate change have also led to water shortages.At the same time,due to the characteristics of transboundary water resources which traverses more than two countries,it is easy to cause many interest conflicts in the field of water resources exploitation and utilization.All these factors make the conflict of international water resources utilization frequently occur and the danger of conflicts exists for a long time.Therefore,how to effectively solve the problem of water resources exploitation and utilization,conflicts in water distribution,protection of water quality and water ecosystems has become a common concern of all countries today.Article 33 of the 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses provided a framework for dispute resolution for all countries,but the mandatory fact-finding procedures therein also aroused a lot of controversy and was opposed by some countries,including China.The purpose of this article is to explore the mandatory fact-finding procedure stipulated in the Convention,to understand the different positions of various countries on the procedure,the reasons for the introduction of mandatory fact-finding in the Convention,the unique characteristics of the procedure,and to make some evaluations based on this.First of all,through sorting out the historical development process of the fact-finding procedure,it can be learned about the development of the fact-finding procedure before the conclusion of the convention,as well as the views of the special rapporteurs and delegations on the fact-finding procedure at the time of the compilation of the convention.Secondly,by referring to relevant literature and materials,it makes clear the reasons for the introduction of compulsory fact-finding procedure in the convention,the relationship between fact-finding procedure and other illegal third-party dispute settlement methods,and the relationship between fact-finding procedures in the Convention and that established by other international institutions.And then,by interpreting the provisions of the fact-finding procedure through the way of treaty interpretation and application,it can be learn how the compulsory procedure is reflected and how the procedure operates.Finally,a conclusion can be drawn based on above analysis.The Convention proposes a diversified system of dispute settlement methods for the rapid and effective peaceful settlement of international water disputes.However,as a framework convention,it is not appropriate to stipulate any compulsory method of dispute settlement,which is not in line with the relevant spirit of the UN charter,not conducive to the realization of the object and purpose of the convention,and not feasible in practice.