| Research perspectiveThis article attempts to explain the necessity and possibility of construction of Mekong water resources basin-wide legal mechanisms for international cooperation, as well as the basic functions of the legal mechanisms river water resources from the perspective of international cooperation. International cooperation is the process of game behavior and interests of the participating countries of the objective demands of reality, from a game theory perspective on the process of international cooperation in the river water were analyzed, clearly the main factor of the game is the river of water in each segment profit or river water conservancy and hydropower resources development on the sustainable use of water resources, and reveals the different stages of development of international cooperation in water resources characteristics and laws of the game, using the basic method of game theory constructed on the basis of international water cooperation game model, and then discuss in depth the current situation and possible paths China to participate in international cooperation in the Mekong River Basin water resources, water resources on how to participate and build the legal mechanism for international cooperation in the Mekong River Basin Game Analysis of guidance, standards and promote the Mekong basin-wide water resources cooperation, China play a positive role in this mechanism were analyzed, the difficulties of legal mechanisms for international cooperation to build water resources of the Mekong River Basin were analyzed on prospects of construction of this mechanism were to predict.The focusFristly, the analysis of water resources in international cooperation mechanisms for the Mekong River.(a) Through the water resources, water resources and the international definition of international river water resources, water resources in the Mekong River basin characteristics define, determine the characteristics of one:geographical nature of the Mekong River Basin water resources determines the objective differences between the upstream and downstream water river water use conflicts and different goals. Feature2:determining the integrity of the Mekong water resources for sustainable development of water resources of the river must be reached through international cooperation the whole basin, which resulted in the objective contradictions and possibilities of international cooperation in the Mekong River Basin water use and necessity.(b) Clarifing the principles of water resources in the legal mechanisms for international cooperation on the basis of the existing water resources in the Mekong River Basin legal mechanism for international cooperation, the Mekong River Commission analyzed the international legal basis for cooperation on water resources in the Mekong River Basin and China and the Mekong carried Status classification of Legal Cooperation Committee, the legal mechanism of the Mekong River Basin water resources cooperation analyze, states:international law does not refer to, but on the downstream countries-particularly China and the Mekong River Commission, national, international cooperation in water resources there are serious differences, resulting in deep water cooperation in the Mekong River and difficult to expand. Since interest demands on water resources cooperation between the Mekong river basin downstream platform available without a game, the game can not be fully and thus the lack of consensus and compromise on water use. Because of the international river water resources belong to the inherent characteristics of different sovereign states, making it difficult to form an effective and authoritative legal mechanism of cooperation in the Mekong basin-wide water resources.Secondly, using game theory to explore water resources in the Mekong River Basin legal mechanism for international cooperation to build a pathBy analyzing the characteristics of the international river water cooperation, identified the international water cooperation is more than a non-cooperative game to participate in the decision-making body, and thus the use of non-cooperative game theory, the downstream countries of China with different water use stage game analysis on China's participation in the downstream water cooperation on water resources will be the loss of the traditional concept of interest were correct, proven national water upstream and downstream cooperation under certain conditions, will be transformed into multi-benefit cooperation game, and with the deepening of water use, regardless of whether the downstream countries cooperation on water resources exist subjectively conflict for their own interests will choose to participate in the legal mechanism for international cooperation among water resources, and the cooperation of the main purpose of the inevitable legal mechanisms of cooperation from hydropower development coordination, transfer to sustainable development and environmental protection of water resources up. Game results were abstracted the following conclusions:(a) the initial cooperation in river water resources, because the spatial and temporal distribution of water resources is not balanced, the performance of the different interests of the various River Basin water resources, the game will choose different subjects in different upstream and downstream countries to maximize the benefits for their own national considerations, There will not be constructed legal mechanisms for international cooperation in the whole basin of water to take a positive attitude. Upstream countries will even take into consideration the whole basin of water cooperation to build the legal mechanism would restrict their water resources development act to resist this build. The downstream countries will normally be invited to participate in the upstream countries to get a negative answer to take a negative attitude of cooperation, it is difficult to Seoul on downstream countries in the early river water use on the construction of water resources to achieve international cooperation in basin-wide consensus on legal mechanisms.(b) When water use reaches a certain level, especially when the water conservancy and hydropower interests of upstream countries can be developed and ecological benefits have been insufficient to get the full participation and cooperation to confront the basin, upstream countries will inevitably seek and downstream countries comprehensive international cooperation in water resources. The downstream countries, taking into account the interests of their own ecological and hydro conditions with the upstream countries will be selected for active co-operation of water resources. The peak of the upper Mekong water resources development China has basically completed with the construction of hydropower and water segment of the past, but Laos, Myanmar economic development is lagging behind other reasons, the development has not yet reached its peak at this time to build the whole Mekong River Basin Water Resources International legal mechanisms of cooperation there is a big conflict of interest, but because the whole basin of water cooperation, China has become the biggest and best combination of interests, international water cooperation in China with the active participation of the whole basin will become the ultimate choice of countries, and build conditions Mekong basin-wide cooperation in international water law mechanisms are mature.(c) the use of water resources into the development of cooperation ecological interests of the whole basin will become the biggest common interest of all countries concerned, it is easy to form a common aspirations and consensus as the basis for international cooperation. It can be seen that the ultimate goal of international cooperation in the Mekong River Basin water resources must be the interests of the whole watershed ecology, sustainable development and ecological protection of water resources in the Mekong River Basin will become the common goal of supporting countries to work together to build legal mechanisms.Thirdly, the revelation process resulting from the construction of international legal mechanism river water cooperation(a) in accordance with the status of international water resources cooperation, cooperation in international water basin can be divided into three categories:(1) a comprehensive and effective international cooperation Basin.2basin-wide cooperation mechanism has been formed but the implementation is not obvious cooperative watershed.3. Basically no international cooperation mechanism watershed basin.(b) the existing international water use are based on two main principles-the principle of equitable and reasonable utilization and harmless use principle. Fair and reasonable and the use of sound principles of international practice shows:Building international cooperation mechanism should reflect the basic legal pursuit of international water law, reflecting the international obligations of the countries in the basin water use international process should be undertaken. The purpose is to build legal cooperation mechanisms to achieve equitable and reasonable utilization of international water resources, harmless use of international water resources, prevention and basic way to solve international water disputes.Two main theories for water resource management-Sustainable development theory and systems theory are clear that international cooperation is inevitable international waters objective requirements, and international water basin-wide cooperation is required to achieve this objective only channels.(C) draw on the experience of the Danube River Basin water resources cooperation, the EU Water Framework Directive-International cooperation on legal mechanisms of water-level model for the case, said: 1, the actual interests of the game and the Mekong River water resources development cooperation in the Danube River Basin water resources can confirm each other.2, international cooperation in the Mekong River Basin water resources should only international legal cooperation through basin countries and reach;3, the Mekong River Basin water resources legal mechanism for international cooperation should be an integrated water resources of international enforcement mechanisms;4, the legal mechanism for international cooperation in the Mekong River Basin water resources should be a multi-complex of cooperation mechanisms;5, water legal mechanism for international cooperation in the Mekong River Basin water resources will face long-term challenges of the benefits of cooperation.Fourthly, China's participation in international cooperation to build water resources of the Mekong River Basin legal mechanism to predict and ProspectsThrough the above analysis, can be pre-judgment and vision for the prospects of China's participation in international cooperation in legal mechanism to build water resources of the Mekong River Basin-Construction of water that legal mechanisms for international cooperation in the Mekong River Basin urgency possibilities. Specifically in the following areas:(a) the establishment of China's participation in international cooperation mechanisms in the Mekong River Basin Water Resources urgency.1, the characteristics of the Mekong River water sharing international rivers of water added to the requirements of China as soon as possible legal mechanisms for international cooperation among the Mekong River;2, in the Lancang River Basin development, especially after the mid-and late into the mainstream of development, China has entered a large-scale hydropower development in the lower Mekong countries activities, national watershed conflict of interest in the development of water resources requires a more sophisticated platform to achieve game, the need to establish the sovereignty issue facing the water resource disputes resolved through consultation mechanism, and water cooperation in the Mekong basin-wide legal mechanism is the only way to resolve this type of dispute;3, from game theory point of view, China is now whether or not to support, along with the process of developing the Mekong River Basin, China and the downstream countries will eventually choose a common legal mechanisms for international cooperation to build water resources in the basin;4, State responsibility and China's national interests require China to participate in the construction of the Mekong basin-wide mechanisms for international cooperation among law.(b) Based on the experience of the Mekong River Basin natural conditions unbalanced economic development of countries and international legal cooperation in water resources, this paper considers the legal mechanisms for China's participation in international cooperation in the Mekong River Basin is bound to build a legal mechanism to constantly adjust, it is impossible in the early Water will be able to reach a higher level of cooperation, is a continuous improvement process.(c) China in the construction of water resources in the Mekong basin-wide cooperation should adhere to the main principles-the principle of sovereignty and the equitable utilization, the principles of sustainable development and coordination and co-ordinate.and the principle of sustainable development, and China to build major projects of cooperation in the Mekong basin water resources outlook. |
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