The Research On Legal Issues Of Development And Utilization Of Transboudary Water Resources In Sino-China

In the context of huge total population, the global water crisis and the shortage of water resources, it is a necessary choice for many countries to development and utilize the transboundary water resources, which may trigger many disputes among countries. Fortunately, international community has realized that it is very important and necessary to develop the law of transboundary water resources, which can be suitable for the whole world. Although the international community has make a law-UN Convention on the Law of the Non-navigational Uses of International Watercourses. However, it does’t come into effect, the fact is that being a important legal documents, whose principles and rules and institutional system have built the basis of transboundary water resources law.The dissertation aims to study the practical needs of transboundary water resources utilization in Sino-India, teasing the basic principles of transboundary water resources law necessary and its historical evolution, in the meantime, disscussing the issues of water rights and allocation and sustainable development of transboundary water resources in Sino-India, and its dispute settlement mechanism.Strenghen the legal issues about development and utilization of transboundary water resources of Sino-India, which provides a useful reference to that issues.This dissertation mainly studies the legal issues about transboundary water resources development and utilization of Sino-China. Specifically, it is divided into eight sections.The introduction is about the significance of study on the legal issues of transboundary water resources development and utilization, research condition at domestic and foreign, the analytic methods.The chapter1is about an overview on the development and utilization of transboundary water resources in Sino-China. Firstly, this section starts with the definition and types of transboundary water resources in Sino-China, mainly describes the basis of the current development and utilization of transboundary water resources in Sino-China, and the status and current issue of cooperation between the two countries. Conflict and cooperation is the common characteristic of transboundary water resources, which is inevitable for Sino-China. That indicates that it is necessary to strengthen to study further legal issues about development and utilization of transboundary water resources, and it is practical significance.The chapter2is about a legal analysis of transboundary water resources law. This section contains the legal basis of the law and its evolution process. The study not only analyzes the law’s subjects and object-international rivers, lakes and the relevant international legal regime of transboundary aquifers and, under the perspective of its history, but also discusses the evolution process, some very important realization is about that transboundary water law is recognized as being an important part of International Law and International Water Law.The chapter3discusses water rights of development and utilization of transboundary water resources in Sino-China. This section consists four main parts:(1) sovereignty of international law;(2) water rights of transboundary water law;(3) absolute water rights of transboundary water resources;(4) relative water rights of transboundary water resources. Which mainly dicusses research about the absolute and relative water rights, in a multi-context, especially under the context of climate change, deepen the understanding of the Sino-China water rights of transboundary water resources, makes a number of coping measures.The chapter4discusses allocation issues of transboundary water resources in Sino-China. It starts with the status quo distribution about transboundary water resources, objectively points out that the current allocation of transboundary water resources, then invoke the legal basis for allocation of transboundary water resources in Sino-China, which combines with transboundary water resources allocation modes in practice, specifically reviews four major factors which affects transboundary water allocation in Sino-China, such as the target allocation of water resources, climate and hydrology, groundwater, cultural and religious factors. The chapter5analyzes the sustainable development issues of development and utilization of transboundary water resources in Sino-China. This section starts with meaning of sustainable development, points out the main issues that transboundary water resources for sustainable development need to face. According to International Law, International Environmental Law, International Water Law and other related theory, the national environmental protection of water resources method bases on International Law, which demonstrates the necessity and feasibility of constructing transboundary environmental impact assessment of the legal system in Sino-China, proposes a number of countermeasures.The chapter6deals with development and utilization of transboundary water resources dispute settlement mechanism in Sino-China. This section examines not only the peaceful settlement mechanism in some related to treaties about transboundary water resources, but also analyzes the role of third party-PCIJ, ICJ and the NGO, in dispute of transboundary water resources, but also demonstrates the status of dispute settlement mechanism of development and utilization of transboundary water resources in Sino-China, whose has the necessity and feasibility. Therefore, it points out the path to build.The conclusion summarizes the law of transboundary water resources, and pay more attention to characteristics and defects of the legal system about development and utilization of transboundary water resources in Sino-China. International community, China and India, the international committee of the river management agencies, International Watercourses Convention on Non-Navigational Uses of International Law is about to take effect, the international organization,which forms a comprehensive suggestion.