Study Of The Basic Principles Of International Water Law

After the 19th century, the development and the use of international rivers has gradually become a hot issue. On the rules of how to develop and use the international rivers have also gradually developed and improved, which formed the International Water Law. There has gone through 3 periods in the development of the International Water Law as follows: the adjustment of industrial and agricultural water use, the protection of water quality and control of water pollution, and the sustainable development of water resources utilization and protection. As one of the core elements of International Water Law, the fundamental principles of international water law have also gradually improved as the development of the international water law.As the specific guidance of the basic system of norms in international water law, the fundamental principles of international water law could guide the building of the international water law system when it is far from mature and perfect; could judge the specific dispute when there's no specific rules in the international water law; could balance in compliance with the basic principles to be measured when there has a different interpretation and processing of the international water law.Therefore, the fundamental principles of international water law embody the direction of the development trend of international water law, which plays an irreplaceable role in the international water law.As a tool to overcome the limitation of law, it is obvious important to deeply study the legal principles. Based on analysis of the major basic documents of international water law and of a number of cases, the paper summed up few basic principles in the current norms of international water law as follows: the principle of cross-border water resources of the country's permanent sovereignty, the principle of equitable and reasonable utilization, the principle of no harm in use, the principle of benefit from the compensation, the principle of cooperation and sustainable development. These principles, some has already been mature in the development of the international law, some still just in the stage of coming up, and some are even a theoretical exploration. In addition to a number of theoretical study, the paper also analyzed the use of fundamental principles in the practice of international water law, which can also embodied that the study of basic principles are not only of theoretical significance, but also the same practical significance.This paper is divided into four parts: the first part of the article define the important concepts of the article; the second part analyze several cases, which are relevant to the development of the international law on international water law and the provisions of international law on several important international water resources development and utilization, to reflect the development course of the international water law; the third one study six basic principles of international water law on the concrete; and the last part come up with some comments and suggestions on how to use the principles of the international water law to pretend the nation's interests in practice, as well as to be better participated in international cooperation in the development and utilization of China's international river resources, taking the development and utilization of the Lancang River as an example.This article holds that the basic principles of international water law are of great significance for the development and utilization of international water resources in rivers. Different countries should participate actively in international cooperation within the limits of the largest in the interests of all countries need to be met, in the guidance of basic principles of international water law, which also can better protect the water resources of international rivers, then finally achieve the goal of sustainable use of international. And continuing deeply study the basic principles of international water law should also become an important objective and direction for the environmental law scholars and academics, as well as the international law scholars and academics.