Revisiting the substantive rules of the law of international watercourses: an analysis through the lens of reciprocity and the interests of China

Abstract

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, 1997, finally entered into force in August 2014 after nearly 17 years. To explain this delay scholars point to, among other reasons, misconceptions of the substantive rules of equitable and reasonable use and the duty not to cause significant harm, particularly between upstream and downstream states. Reciprocity plays an important role within international law especially in treaties, where it informs the distribution of rights and duties, advantages and disadvantages, establishing balance and fairness in the legal regime. Together, this ensures that states cannot interpret treaty provisions in their favour. Using the Convention on the Law of the Non-Navigational Uses of International Watercourses as an authoritative text, this article aims to analyse the substantive rules of international law concerning transboundary water resources including equitable and reasonable use and the duty not to cause significant harm through the lens of reciprocity and the interests of China. In doing so, it aims to provide a more nuanced understanding of the rules and to establish that these principles do not favour upstream or downstream states, but instead promote balance among riparians.

The practical dilemma and solutions of international ship-aircraft encounter rules on sea: A Chinese perspective

“…The reason for emphasising the equality of sovereignty in the issue of warship and aircraft encounters with military status is that the navigation rules of military ships and aircraft should have their own particularities. Military activities symbolise national sovereignty and the ultimate guarantee of national security (Devlaeminck, 2018). Based on the above discussion, this study considers that non-military activities give way to military activities to respect national sovereignty.…”