Exploring China's transboundary water treaty practice through the prism of the UN Watercourses Convention

Abstract

China shares 40 major transboundary watercourses with 16 countries. This paper surveys China's transboundary water treaty practice and compares it to the core principles of the 1997 UN Watercourses Convention (UNWC). Despite a growing watercourse treaty practice stretching back some 60 years, China's agreements in this field are relatively unsophisticated. The authors conclude that China's transboundary water treaty practice would benefit from some of the guidelines set forth under the UNWC.

China’s southbound transboundary river basins: a case of asymmetry

“…While no doubt contested and prone to different interpretations, both principles can be called for in the six study basins. China's transboundary water agreements remain, however, relatively unsophisticated, although there is a growing watercourse treaty practice in China (Chen et al, 2013). As a result, Chen et al (2013) conclude that China's transboundary water treaty practice would benefit from the guidelines set forth in the Watercourses Convention.…”

“…In addition, Turner et al (2013) mention that broadening the engagement with Chinese stakeholders, such as researchers, hydropower companies and NGOs, to promoting sustainable development could demonstrate the economic benefits of responsible dam building. However, it seems that China is currently more willing to operate through bilateral channels (Chen et al, 2013), where it can more fluently leverage its geopolitical and economic powers and reach those agreements it sees as most beneficial for it. Meanwhile, shared resources such as water cannot be comprehensively and holistically managed through mere bilateral cooperation.…”

Benefit sharing in the Mekong River basin

“…Without participation in the MRC system, China has primarily opted for unilateral development to speed up hydropower generation. Despite a positive assessment of China's engagement in its transboundary water treaties, it is noted that China is one of the few countries to vote against the UN resolution to adopt the 1997 Convention on the Law of the Non-navigational Uses of International Watercourses (Chen, Rieu-Clarke, & Wouters, 2013;Choi & Lee, 2014). This clarifies China's reluctance to adopt the principle of equitable use of transboundary water against its own strategic interests, and epitomizes China's hegemonic approach towards water issues in the Mekong River basin (Browder & Ortolano, 2000;Onishi, 2007).…”

“…Meanwhile, the discontent continues in the downstream countries. Chen et al (2013) stress that the principle of cooperation has been well reflected in China's bilateral treaties on international rivers. However, the country does not seem to have shown its commitment to taking an active part in the MRC system.…”

An analysis of Turkey’s water diplomacy and its evolving position vis-à-vis international water law

“…Pivotal countries like Turkey and China, together with Burundi, had voted against the UNWC back in 1997. As the convention goes into effect, a fundamental question remains as to whether these rejecting states will ever consider becoming party to the convention, and if not, how they will get along with their neighbours without its guidance (Chen, Rieu-Clarke, & Wouters, 2013). Turkey, like China, was seen as a "hegemon" (Zeitoun & Warner, 2006, p. 444) in its riparian settings.…”