Translated Abstract
The strategic and fundamental status of water as the source of life, the primary factor of production and the foundation of ecosystem makes it an important resource, which is closely related to a country＇s economic and social development. Tansboundary water resources issues have become critical geopolitics items related to international relations and regional peace. Equitable and reasonable utilization principle is an important principle in international water law, and a scientific understanding and application of this principle is closely related to the protection of legitimate interests of relevant countries, the maintenance of international rule of law and the promotion of international cooperation.
The research question of this dissertation is the scientific interpretation and application of equitable and reasonable utilization principle, including the nature of this principle, the relations between this principle and the principle of national sovereignty as well as its applicable modes. As to the logic structure and research methods, based on the evaluation of current situation and gaps of related researches both in China and abroad, following the critique and construction paradigm, and using literature analysis, empirical analysis, comparative analysis and historical analysis methods, this dissertation made a dialectical analysis on equitable and reasonable utilization principle. The main conclusions of this research are as follows.
1. In terms of the nature of equitable and reasonable utilization principle, it should not be considered as customary international law, but should be regarded as soft international law. By using the standards of customary international law and the controversies about this principle, the non-universality of state practices, the uncertainty of Opinio Juris and the defects of the 1997 UN Convention on the Law of Non-Navigational Uses of International Watercourses, this dissertation criticized the prevailing view that the equitable and reasonable utilization principle is part of customary international law. On this basis and according to the concepts and advantages of soft international law, this dissertation suggested that the equitable and reasonable utilization principle should be regarded as soft international law, in order to make it play a positive role in the adjustment of international relations on transboundary water resources.
2. From the maintenance of good law and good governance of international community, it is necessary to insist that the principle of national sovereignty is lex superior of equitable and reasonable utilization principle in international water law. As the requirements of the principle of equitable and reasonable utilization constitute limitations to the national sovereignty over natural resource, this dissertation analyzed the relationship between the principle of national sovereignty and the principle of equitable and reasonable utilization, and suggested that national sovereignty principle, as the foundation of international law, constitutes the lex superior of equitable and reasonable utilization principle. From the perspective of the discourse power concerning international water law, the unscientific understanding of equitable and reasonable utilization principle embodies in the declination of national sovereignty and development rights in international water law. Thus, it is of great importance to expound the relationship between the principle of national sovereignty and the principle of equitable and reasonable utilization for the correct understanding and application of the latter.
3. The proportion principle and nexus approach guided by the Materialist Dialectics is beneficial to the scientific application of the equitable and reasonable utilization principle. Using Materialist Dialectics, this dissertation explored the application mechanism of equitable and reasonable utilization principle and expanded the understanding of this principle. In order to promote the positive role of the equitable and reasonable utilization principle in international cooperation, the application of this principle should be scientific and reasonable as well. From the aspects of applicable scope and the governance methods, this dissertation addressed the scientific application of this principle. On one hand, it is suggested that proportionality between the purposes and means should be considered when applying this principle, and it’s also important to strike a balance between national sovereignty and the need for international law regulation, and the content and mechanism of regulation should be set according to different location, importance and influence of transboundary water resources. On the other hand, the understanding and application of the principle of equitable and reasonable utilization also needs the nexus approach, so as to break through the limitations of traditional international water law only focusing on water resources management. The nexus approach requires to assess a country＇s water resources development and utilization based on a country＇s wider social and economic background and to seek common benefits and win-win mode of international cooperation, in order to promote basin states to form a community of common fate with water resources being the nexus, and to share the well-being brought by water resources utilization and protection.
The main innovations of this dissertation are mainly manifested in the following three aspects: (1) This dissertation revealed the doubtful points about the prevailing view that equitable and reasonable utilization principle is a principle of customary international law and suggested that this principle should be viewed from the perspective of soft international law. (2) For the first time, this dissertation systematically put forward that when using the principle of equitable and reasonable utilization, the ratio between the scope or strength of limits should be considered with related factors (the scope affected by an issue, the quantity of water resources, the level of regional political and economic integration, the economic and social development level of a nation, etc.). (3) For the first time, this dissertation combined the nexus approach in the field of natural resource management with the interpretation of equitable and reasonable utilization principle, in order to promote the rationalization of transboundary water resources governance.
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