Research On The Legal Mechanism Of Cross-border Coordinated Governance Of River Basins

Trans-boundary watershed pollution abatement is Chinese present and future key and pain point.The obvious pollution of water quality in the provincial boundaries of major watershed is a prominent manifestation of Chinese environmental problem,and that leads to the intensification of disputes over trans-boundary watershed pollution.The existing problems resulted in that importance is not attached to the holistic governance of basins.In the long run,the implementation of the trans-boundary watershed collaborative governance mechanism is not only the guarantee for the scientific watershed management and the environmental socialized responsibility but also an urgent need for Chinese environmental collaboration.This first chapter of Introduction to introduce the study of the significance of domestic and foreign research overview and purpose of the study and research methods.At present,the research results of environmental economics and environmental management are,comparatively,the most fruitful field while studies on cross-border collaborative management of watershed pollution from the legal level are relatively fewer.This paper focuses on the construction of legal trans-boundary watershed collaborative governance as to put it as the key to solving the problem of watershed pollution.Chapter two: trans-boundary watershed collaborative governance with theoretical and practical bases.Watershed pollution has a strong geographical space integrity,but contains different administrative districts which divide integration of the natural environment artificially.On account of the administrative divisions,one single region can't get across its district to control the water pollution effectively.Water resource is public goods,with a broad ecological impact to the local ecosystem.Its systematic feature and negative externality require a close collaboration among all the stakeholders.Under the background of regional election system,the practice of joint prevention and treatment in the Chinese main watershed provides a practical basis for the construction of the legal mechanism of Trans-boundary watershed collaborative governance.Chapter three: the state and difficulties of Chinese current watershed management system.Chinese current watershed management system has established the principle that the administrative units should be parallel with the whole watershed in legislation.Through negotiation and signing of watershed compact,local government makes up for the deficiency of "integrated governance" on the legal system of watershed management.Through consultation and signing of river basin agreements,it makes up for the deficiency of the system design of "integrated governance" in water law.However,there are some shortcomings,such as fragmentation management of water resources,unclear legal status and powers of river basin organizations,information barriers of local river basins,loose and unrestricted cooperation mechanism,weak environmental administrative accountability and law enforcement.These phenomena expose the insufficiency of consideration in the legal system of environmental cooperative governance currently.The legal system of water management in our country is still in the preliminary design of the regulation of joint prevention and control,and operational is insufficient.It mainly focuses on the planning of government's environmental rights and responsibilities,which leads to the insufficient public participation.In addition,the main administrative regions in the river basin have independent legislative power,and the preemption of interests makes the pollution and law enforcement standards of river basin management unable to be unified.Because of the low legalization level and insufficient experience in the formulation of watershed compact,the legal nature of watershed compact is not clear in practice and the is not perfect to the content.Chapter fire: the inspiration of extraterritorial watershed management system.This paper chooses Mississippi's water rights allocation model and water compacts in America and Australia as the research objects that the practical experience of extraterritorial water right allocation watershed compacts in negotiation and dispute settlement mechanism can be used for reference.On this foundation,Chapter six puts forward the conception of trans-boundary watershed cooperative governance mechanism from three aspects: the legislative improvement of river basin cooperation,the improvement of legal status and authority of river basin institutions and the guidance of public participation,with a view to providing valuable reference for the sustainable development of ecological civilization.