Study On The International Cooperation Of The Transboundary Water Resources Development And Utilization In Mekong River

Mekong River development and utilization of the countries in the Loewe Mekong basin mainly concentrate in three areas,one is development of the hydro energy use,including water conservancy and hydropower and the agricultural irrigation as the representative of the development of agricultural; second is to protect the ecological environment for the purpose of protect environmental resources;third is other economical trading based on the use of the water course This paper attempts to explain the possibility and necessity of international cooperation in the Mekong River Basin water resources development and utilization from the perspective of transboundary water cooperation, and analysis the problems may exist in the cooperation under such background and figure these problems in a proper way,to ensure the further development and utilization of international cooperation in the Mekong River.This paper is divided into four parts which were theories of transboundary water resources development and utilization and international cooperation, present situation of the development and utilization and international cooperation in Mekong River, the mechanism guarantee for development and utilization and international cooperation in Mekong River and future prospects of the development and utilization in the Mekong River.The first part is the theoretical part, it begins with the basic definition of transboundary water resources, and introduces the evolution of the theoretical basis for the use of transboundary water resources in the past centuries. Consensus hidden behind the theories, no matter the theory of absolute territorial sovereignty or the theory of the interest community, are to develop the transboundary water resources reasonably, and the later paragraph of this part is to introduce the specific principles to use the transboundary water resources. Most of these principles have now been accepted by the majority of international water treaties and transboundary water resources. Last content of the first part is to introduce the basis of the international cooperation in the tranboundary water recourses and point out that the basis of such cooperation includes not only the practice basis but also the legal obligations stipulated in the universal or local water treaties concluded between states. And this part is to foreshadow the next part.The second part is to introduce the international cooperation and existing problems in the development and utilization of transboundary water resources in Mekong River Basin. Mekong River development and utilization and international cooperation mainly concentrates three areas, namely, hydropower development(related to the development and utilization of water and electricity and irrigation agriculture, etc.), environmental protection and development of the water courses. Later content of the second part is to analysis the potential problems and conflicts based on the actual situation of the development and utilization of the Mekong River, and the level of development of each country. In the meanwhile, this part attempts to analysis the historical reasons and the essence of these conflicts and lead to the third part.The third part mainly introduces the system of international cooperation in the development of transboundary water resources in the Mekong River Basin.First is the cooperation foundation of countries, these foundations, including international treaties, International Court of arbitration award and jurisprudence, which were recognized universally provides the basic guarantee p to the countries in the Mekong River basin. The second paragraph is the cooperation framework organization in the Mekong River., this paragraph introduces the cooperation mechanism of the Mekong River Basin, which makes the international cooperation of the Mekong River a guarantee of the system.The mechanism of cooperation in Mekong River basin including the Mekong River Commission, the Mekong River Sub regional economic cooperation mechanisms, and the ASEAN, which is developed rapidly in recent years, and the Golden Quadripartite Economic Cooperation.Last paragraph of this part is to introduce the disputes and conflicts that may arise in the process of international cooperation, and introduces the dispute settlement mechanism of the cooperation of Mekong River Basin.The fourth part is the prospect of international cooperation in the future of the Mekong River Basin. This part is based on the third part, and it in accordance with the existing problems occurred in the Mekong River Basin mechanism and put forward reasonable opinions and provide feasible suggestions to the future development and utilization and international cooperation in the Mekong River basin. First of all is to establish the basic principles of cooperation in the development of the various river recourses, including the peaceful settlement of disputes, the principle of the sovereignty of the collision, etc. Second of all is to lay the legal foundation for the international cooperation between the countries in the Mekong River basin. Third of all is to improve the specific management system within the basin, these systems can learn from the successful experience of other transboundary water resources(such as the Rhine, etc.). And last of all is to perfect the dispute settlement mechanism in the Mekong River.