Study On The Equitable And Reasonable Utilization Of International Watercourses

Chapter one analysis and discuss the concept, exploration and utilization of international watercourses, in order to identify the object and area for research. International watercourses resources have characteristics of regional, flow ability and uneven on space. The conventions of adjusting watercourses have different formulations as the different in adjusting range and nation's interests. The degree of exploration to the international watercourses is accommodated to the developing level of science and technology. Meanwhile, the development of science and technology improve the degree of the utilization, and also increase the needs to international water resource. That the priority of using international watercourses resource determines the necessarily conflict between upstream and downstream countries. So defining priority of using different spaces is very essential.Chapter two discusses the theory basement and procedure of principle of equitable and reasonable utilization. Only has clear understanding of the principle of equitable and reasonable utilization, can we grasp the intension of the principle. Through analysis, we can find out that the theoretical basement of this principle is limit territory sovereignty theory, which claim that states have to perform sovereignty without prejudice to other country. The principle of equitable and reasonable utilization exists in kinds of international conventions and be implemented by different countries. Inner laws of USA and Canada have definite this important principle of equitable and reasonable utilization of international watercourses.Chapter three discusses the intension of the principle. Equitable principle including four forms such as substance equity, form equity, generation equity and inter-generational equity. Equitable utilization laid particular emphasis on economic value, aiming at maximizing exploration of the watercourses. Reasonable principle lay particular emphasis on ecological value, aiming at best utilization of the watercourses, of which core is to save on water. In the exploration and utilization of the watercourses, we should not only achieve balance development between equitable and reasonable, and also should implement accord development of economy, society and ecology. This text further to analysis the consideration factor of the principle, every law document has set that every consideration does not have inartificial priority.Chapter four discuss comprehensive the relationship between equitable and reasonable utilization and not to cause material injury. There are several different views about the relationship between these two principles. The first view claim the principle of equitable and reasonable utilization is the most important. The second view claim the principle of not to cause material injury is the most important. The third view claims this two principles is inseparable and interacting. This text agrees with the last one.Chapter five discusses the approach of achieving the principle of equitable and reasonable utilization, which is international cooperation. Only through the international cooperation can implement information share,can implement comprehensive management and utilization, can achieve real equitable and reasonable utilization of international watercourses.