Sustainable development in China's international and domestic water law

Abstract

When it comes to international water law, China does not have a particularly good reputation. It is often pointed out that the country voted against the Watercourses Convention at the time of its adoption in 1997, as one of only three states. There are frequent references to the fact that China refuses to cooperate in multinational cooperation mechanisms that aim jointly to manage international watercourses shared also by China – such as the Mekong River Commission – instead preferring bilateral and often confidential negotiations. Such an approach and the increasing importance of access to water in the region might, it is suggested, turn water issues into Asia’s new battleground, with China in the role of the local water- hegemon. When it comes to sustainable development, China’s reputation is perhaps even worse. There are plenty of horror stories about polluted rivers and lakes, both in the newspapers and in academic literature. This negative image of China might need some adjustment. In recent years, China has taken the initiative to conclude a number of agreements, encouraging the sustainable utilisation of shared watercourses. At the domestic level, Chinese water law and policy have become more sustainable and environment-friendly. Even in practice, there are encour- aging signs and developments. This article looks at this recent shift towards a ‘greener’ Chinese water law. The research question is: in what way is a sustainable development friendly approach to the utilisation and management of water resources reflected in China’s international and domestic water law?