The Legal Principle Of Reciprocity:Its Role In The Law Of International Watercourses And China’s Transboundary Water Treaty Practice

As a basic phenomenon of social interaction and a legal principle of international law,the importance of reciprocity can hardly be understated.Given the importance of this principle,this dissertation aims to first determine the functions of the principle of reciprocity within international law,and from this to critically examine its role in the rules of international law that govern international transboundary watercourses.The functions of reciprocity,as commonly understood,are as follows:i)as a mechanism in the development of international law,ii)as a mechanism within treaties,and iii)in dispute settlement and compliance mechanisms.Within the law of international watercourses this conforms to:a)the crystallization of limited territorial sovereignty as customary law,b)the corresponding rights and duties of the substantive rules,and finally,given a heavier focus in transboundary waters on conflict avoidance rather than compliance,c)the procedural and dispute settlement rules.As such,reciprocity works to develop customary law by ensuring that the claims of one can be claimed by all,thus limiting state claims.The substantive rules of equitable and reasonable use and the duty not to cause significant harm are often perceived as favouring upstream or downstream positions,however,it is clear that they actually provide corresponding rights and duties in a reciprocal manner,ensuring that their interpretation does not favour either upstream or downstream riparian nations.Aligned with this and in a mutually supportive role,the procedural rules in this field,including information exchange,prior notification and consultation,provide systematic approaches and processes that enhance opportunities for reciprocal cooperation in the shared uses of transboundary waters by riparian nations.Whereas reciprocity is prevalent within the framework of self-help measures,the use of such measures within the law of international watercourses is rare.As such,this dissertation will explore the duty to cooperate as an emerging obligation erga omnes and the limits this places on such reciprocal measures as a possible reason for this.China and its transboundary water treaty practice will be used as an example consistently throughout the dissertation.Although often accused of acting unilaterally,there is a growing body of treaty agreements,primarily bilateral,which govern China’s actions on its transboundary rivers.Given its focus on bilateralism,reciprocity arguably plays a strong role within China’s practice.In doing so,this dissertation not only aims to provide a more nuanced understanding of the rules that govern transboundary watercourses,but also its application to China’s transboundary waters.