RECIEL. 2020;00:1–11. | 1 wileyonlinelibrary.com/journal/reel © 2020 Wiley Periodicals LLC
1 | INTRODUCTION
The law of international watercourses has been codified and progres-
sively developed primarily through the drafting, adoption and entry
into force of two international legal instruments: The 1997 United
Nations (UN) Convention on the Law of the Non-navigational Uses of
International Watercourses (Watercourses Convention),
1
and the
1992 Convention on the Protection and Use of Transboundary Rivers
and International Lakes (Water Convention).
2
Collectively referred to
here as the global water conventions, they offer complementary, yet
distinct frameworks for the joint management of transboundary
freshwater resources. Both conventions are based on the
foundational norms of equitable and reasonable utilization and the
due diligence obligation not to cause significant harm,
3
supported by
a general duty to cooperate and a series of procedural rules including
information sharing and consultation.
4
In spite of their similarities,
they also have their differences. Whereas the Water Convention
places more emphasis on preventing transboundary harm and pro-
tecting water quality, the Watercourses Convention places more em-
phasis on the equitable and reasonable allocation of water resources.
5
In spite of this, these conventions are recognized as complementary
frameworks, both of which are now in force and open globally for
1
Convention on the Law of the Non-navigational Uses of International Watercourses
(adopted 21 May 1997, entered into force 17 August 2014) 36 ILM 700 (Watercourses
Convention).
2
Convention on the Protection and Use of Transboundary Rivers and Lakes (adopted 17
March 1992; entered into force 6 October 1996) 1936 UNTS 269 (Water Convention).
3
Watercourses Convention (n 1) arts 5, 6 and 7; Water Convention (n 2) arts 2(2c) and
2(1).
4
Watercourses Convention (n 1) arts 8, 9 and 17; Water Convention (n 2) art 2(6), 6, 9(2)
and 10. Prior notification is also an important procedural norm of the law of international
watercourses found in the Watercourses Convention (art 12), but it is not explicitly
found in the Water Convention.
5
A Tanzi, ‘UN Economic Commission for Europe Water Convention’ in F Rocha Loures
and A Rieu-Clarke (eds), The UN Watercourses Convention in Force: Strengthening
International Law for Transboundary Water Management (Routledge 2013) 231.
Received: 19 February 2020
|
Accepted: 6 August 2020
DOI: 10.1111/reel.12363
SPECIAL ISSUE ARTICLE
China and the global water conventions in light of recent
developments: Time to take a second look?
David J. Devlaeminck | Xisheng Huang
Correspondence
Email: huangxisheng@cqu.edu.cn
Funding Information
Fundamental Research Funds for the
Central Universities: Project No. 2019
CDJSK 08 XK 07; National Social Science
Fund of China, Key Projects: Project No.
14ZDC029
Abstract
China is an important yet often misunderstood upstream neighbour on many transbound-
ary watercourses. In 1997, after participating in the drafting process of the United Nations
Convention on the Law of the Non-navigational Uses of International Watercourses,
China, along with Burundi and Turkey, voted against the Convention. Since that time, how-
ever, both China’s practice and the law of international watercourses have evolved. In ex-
planation of its vote, China provided four reasons including a lack of general agreement,
that the Convention did not recognize sovereignty, that select provisions were imbalanced
and disagreement regarding mandatory dispute settlement mechanisms. This article aims
to revisit these reasons in light of recent developments and our current understanding of
Chinese practice and international water law, asking the question: is it time for China to
take a second look? Although China’s vote concerned the Watercourses Convention, given
their complementarity, this article will discuss these reasons in relation to both global water
conventions, the 1997 Watercourses Convention and the 1992 Water Convention.
KEYWORDS
accession, China, transboundary water, Watercourses Convention, Water Convention