Volume 8, Issue 3, March – 2023 International Journal of Innovative Science and Research Technology

ISSN No:-2456-2165

China’s Transboundary Water Treaty Practices:

A Comparative Study with the United Nations
Watercourses Convention
Bushra Bibi1, Ke Jian2
1)
Bushra Bibi, Ph.D. Candidate, Research Institute of Environmental Law (RIEL), School of Law, Wuhan University, China
2)
Ke Jian, Professor, Research Institute of Environmental Law (RIEL), School of Law, Wuhan University, China

Abstract:- This article explores China’s transboundary This paper examines China’s transboundary water
water treaty practice from the perspective of the United treaty practice and contrasts it with the key principles of the
Nations Watercourses Convention (UNWC). It provides 1997 UN Convention on Watercourses (UNWC). This paper
a comparative analysis of China’s bilateral watercourse examines the practice of Chinese treaties and identifies the
agreements with neighbouring countries, highlighting similarities and discrepancies between these practices and
the evolution of these treaties and their alignment with the main UNWC provisions.
the principles advanced in the UNWC. The article
examines the scope, substantive rules, procedural rules, The research methodology for this study will involve a
institutional mechanisms, and dispute settlement combination of desk research and qualitative analysis of
mechanisms China employs in its transboundary water primary and secondary data sources. The study will also
treaty practice. It also identifies key differences between include a comparative analysis of China’s transboundary
China’s approach and the UNWC, such as the treatment water treaties with the United Nations Watercourses
of connected groundwater and transboundary harm, and Convention to identify areas for potential improvement. The
highlights areas where the UNWC could provide useful findings from the desk research and interviews will be
guidance for China’s treaty practice. The article analyzed using thematic analysis to identify key themes and
concludes by emphasizing the importance of enhancing patterns related to China’s transboundary water management
substantive and procedural cooperation, creating practices, challenges, and opportunities. This will help to
effective joint bodies, and developing a peaceful provide a comprehensive understanding of the current
transboundary water resource management framework situation and identify opportunities for improvement.
to promote regional leadership and cooperation.
 Research Question (s)
Keywords:- UNWC; China; Transboundary Water Laws; This study claims the following research questions.
 How do China’s transboundary water treaties compare
I. INTRODUCTION with the United Nations Watercourses Convention, and
what are the implications of these differences?
With current consumption and population growth rates,  What lessons can be drawn from the United Nations
water shortage can only become more acute. China is one of Watercourses Convention for China’s management of
the world’s largest economies, accounting for approximately transboundary water resources?
20% of the global population. However, its water supplies
rank just sixth in the worldi (Xie, Jian. 2009), and it is  Aims and Objective
suffering from severe water shortages, with only 25% of the This study will comprehensively analyze China’s
global per capita average for water resources. transboundary water management practices and their impact
on neighbouring countries. The primary objective is to
Due to its position as the source of all major river evaluate China’s current practice in implementing
systems in Asia, the Tibetan Plateau makes China the transboundary water law and identify the key provisions of
biggest provider of transboundary water globally. This is its agreements with neighbouring countries. The study also
particularly evident as China shares its water resources with seeks to compare China’s transboundary water treaties with
neighbouring countries such as Kazakhstan, Mongolia, and the United Nations Watercourses Convention and to draw
Russia. Despite voting against the UNWC, China continues lessons from international best practices for managing
negotiating and establishing treaties to manage its shared transboundary water resources. The ultimate objective is to
transboundary water resources effectively. The Indus, provide recommendations for improving China’s
Brahmaputra, and Mekong rivers are among Asia’s largest transboundary water management practices and promoting
river systems originating from the Tibetan Plateauii greater collaboration and cooperation among regional
(Yangtso, 2017). stakeholders. By achieving these objectives, the study will
better understand the challenges and opportunities
associated with transboundary water management in China

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Volume 8, Issue 3, March – 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
and its neighbouring countries and help support sustainable Transboundary Riversx (China-Kazakhstan Agreement,
development in the region. 2001). The main objectives of the 2011 agreement are to
protect and improve water quality in transboundary rivers,
II. CHINA’S NATIONAL WATER LAW ensure sustainable use of water resources, and safeguard the
environment and ecosystemsxi (China-Kazakhstan
China’s National Water Law, also known as the Water Agreement, 2001). The Agreement includes provisions
Law of the People’s Republic of China, was first enacted in related to:
1988 and was amended in 2002. According to the Water  cooperation in monitoring and assessment of water
Law, all water supplies belong to the state, and the State quality.
Council has the right to access water resources iii (water law  Exchange of hydrological and meteorological data and
of China). Important rivers and lakes, usually intra- information.
provincial, are regulated by management bodies led by the  Joint research and development of technical standards
central governmentiv (water law of China). The management and guidelines for water quality protection.
bodies responsible for regulating important rivers and lakes  collaboration in preventing, controlling, and mitigating
within China should be considered an extension of the State water pollution incidents.
Council rather than independent entities. Although
provincial governments retain the power to manage certain The China-Kazakhstan Agreement of 2011 signifies a
sections of intra-provincial rivers within their jurisdictions, commitment by both countries to address water quality
collective water resource management is unlikely to be issues in their shared rivers and represents an important step
achieved due to each province prioritizing its interests. Even in fostering cooperation and sustainable management of
in the event of a natural disaster, the political environment in transboundary water resources in the regionxii (Ibrahim,
China makes it difficult to realize collective water resource 2020). The Agreement ensures water security, maintains
management.v (Fozia, 2020). Furthermore, the law requires ecological balance, and promotes sustainable development
implementing measures to prevent water pollution and the in both countries by focusing on water quality protection.
protection of water ecology. It establishes penalties for The China-Kazakhstan Agreement of 2011 demonstrates the
illegal water use and pollution and outlines procedures for importance of bilateral cooperation in managing and
resolving water disputes. protecting shared water resources.

 Transboundary Water Law and China’s Practice  China-Russia Agreement, 2008

China is a party to several transboundary water treaties The China-Russia Agreement of 2008, officially
with its neighbouring countries, including the Mekong River known as the “Agreement Concerning the Reasonable Use
Basin Agreement with Cambodia, Laos, Myanmar, and Protection of Transboundary Waters,” is a bilateral
Thailand, and Vietnam; the Agreement on the Cooperation treaty between China and Russia that aims to strengthen
for the Sustainable Development of the Yangtze River Basin cooperation in managing and protecting their shared
with Russia, Kazakhstan, Kyrgyzstan, Tajikistan, and transboundary water resourcesxiii (Vinogradov & Wouters,
Mongolia; and the Agreement on the Sharing of the 2013). The Agreement promotes the rational use, protection,
Brahmaputra River Waters with India. These treaties and conservation of these shared resources while preventing
establish a framework for cooperation and joint management and controlling pollution in transboundary rivers. Key
of shared water resources to promote sustainable provisions of the Agreement include cooperation in water
development, protect the environment, and prevent or resources management, monitoring, and assessment;
resolve water-related conflicts. China has concluded border exchange of hydrological, meteorological, and water quality
treaties with its Northern and Western neighbours. Some of data and information; collaboration in the prevention,
these border treaties contain provisions relating to control, and mitigation of water pollution incidents; xiv
transboundary waters, and four treaties specifically address (Ministry of Water Resources, P.R.China, 2015) and joint
transboundary watersvi (China-Russia Agreement, research and development of technical standards and
2008). However, fewer agreements are in place in its guidelines for water resource protection and utilization. The
southern areas, which have significant transboundary China-Russia Agreement of 2008 highlights the importance
watercourses. Consequently, many foreign watercourses in of bilateral cooperation in managing and protecting shared
China remain unprotected by particular agreements. viiThese water resources.
main waterways are subject to the rules of customary law in
this area without treaty lawsviii (Chen et al., 2013).  The China-Mongolia Agreement 1994
The China-Mongolia Agreement of 1994, officially
 China-Kazakhstan Agreement 2011 known as the “Agreement on Protection and Utilization of
The China-Kazakhstan Agreement of 2011, also Transboundary Waters,” is a bilateral treaty between China
known as the “Agreement on Water Quality Protection of and Mongolia that prioritizes sustainable use and
Transboundary Waters”ix (Chen et al., 2013), is a bilateral management of shared transboundary rivers xv (China-
treaty aimed at managing and protecting the water quality of Mongolia Agreement, 1994). Its primary objectives are to
shared rivers between China and Kazakhstan which covers ensure the rational use, protection, and conservation of
both the Irtysh and the Yili/Ili Rivers. This Agreement shared water resources and to prevent and control pollution
builds on the 2001 China-Kazakhstan Agreement in transboundary rivers. The agreement includes provisions
Concerning Cooperation in the Use and Protection of for cooperation in water resources management, monitoring,

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Volume 8, Issue 3, March – 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
and assessment; exchange of hydrological, meteorological, According to Article 5(1) of the 1997 UNWC,
and water quality data and information; collaboration in the “watercourse states shall in their respective territories utilize
prevention, control, and mitigation of water pollution an international watercourse equitably and reasonably”. The
incidents; and joint research and development of technical corollary to this right of use is the obligation to
standards and guidelines for water resource protection and “participate in the use, development and protection of an
utilization. international watercourse in an equitable and reasonable
manner”. Article 5(2) stipulates further that “such
The significance of the China-Mongolia Agreement of participation includes the duty to cooperate in the protection
1994 lies in the emphasis on bilateral cooperation in and development thereof, as provided in the present
managing and protecting shared water resources. This Convention”.
agreement is an example for other transboundary water
agreements and highlights the importance of joint efforts in Most of China’s transboundary water agreements
ensuring sustainable and effective utilization of (primarily with its northern and western neighbors) has
transboundary water resources (Su, 2019).xvi adopted this principle in a general way, with cooperation
facilitated largely through joint bodies. For example, the
 Sino-other neighbouring countries China-Mongolia Transboundary Waters Agreement
China and the Democratic People’s Republic of Korea provides, “Any creation and use of transboundary waters
(DPRK) have been sharing hydrological information since shall adhere to the equal and fair principle”xxiii( Article 4,
the 1950s to ensure power generation, flood prevention, and China-Mongolia Agreement). The concept of “equitable and
water supply, particularly during the flood season of the fair use and security of transboundary waters” is also stated
Yalu River and Tumen River. They have also cooperated in in the preamble to the 2008 China-Russia Agreement on
constructing hydropower stations along the boundary river. transboundary waters, but not further elaborated in the
Vietnam also signed ministry-level agreements with China document.
in 2002 and 2009 to exchange hydrological information
during flood season for the Yuanjiang-Red and Zuojiang Another substantive clause in UNWC is Article 7,
rivers, respectivelyxvii (Wouters & Chen, 2013). This has concerning significant harm, i.e., “The Watercourse States
led to improved flood control and disaster relief in both shall, in utilizing an international watercourse in their
countries. Additionally, China and Bangladesh have territories, take all appropriate measures to prevent the
collaborated since 2008 to provide hydrological information causing of significant harm to other watercourses States”xxiv
for the Yaluzangbu/Brahmaputra River during flood season, (Art. 7(1)). However, “where significant harm nevertheless
resulting in effective flood prevention, forecasting, and is caused to another watercourse State, the States whose use
protection of downstream populations’ lives and property. causes such harm shall, in the absence of an agreement to
such use, take all appropriate measures” (Art. 7(2)).xxv
III. COMPARISON OF UNWC AND CHINA’S
TRANSBOUNDARY TREATIES In Chinese treaty practice, the duty to refrain from
causing harm is acknowledged, as evident in the China-
The international law rules that regulate the use of Mongolia Agreement (1994), which stipulates that the
transboundary water resources have been formalized in two construction or utilization of transboundary waters should
global instruments. The “1997 Convention on the Law of not be detrimental to the other side and “shall not cause
the Non‐navigational Uses of International Watercourses harm to the fair use of transboundary waters” xxvi (Art, 4)
and the 1992 Convention on the Protection and Use of This clause appears to set a lower threshold for harm than
Transboundary Watercourses and International Lakes.” The the UN Watercourses Convention, limiting any harm to
United Nations water conventions provide a comprehensive reasonable usage. Another key difference between these two
mechanism for directing states concerning the use and instruments is the nature of the duty imposed: the UNWC
management of transboundary water.(Tanzi et al., 2015).xviii requires states to “take all appropriate measures”xxvii (Art,7)
However, China’s transboundary water policy has been to prevent significant harm (a duty of conduct), while the
examined mainly in light of the convention on the China-Mongolia agreement (1994) relates to the actual
watercourse 1997. outcome or result, whereby “any development or use of
transboundary waters, should not be detrimental to the
In most of its water treaties, China recognizes the environment”xxviii (Art, 4). In this respect, UNWC is
overriding customary rule of ‘equitable and fair usage’ of unambiguous as far as the overarching rule is equitable and
transboundary waters. Nevertheless, UNWC’s spectrum is reasonable utilization, while China’s agreements which refer
wider than China’s Treaties regarding non-navigational to the concept of equitable and reasonable utilization, do not
applications, including non-navigational applications and clarify its connection to the no-harm rule.
conservation, protection and management initiatives.xix
Regarding ecosystems, Article 20 of the UNWC
 Substantive Rules specifies that “watercourse states shall, individually and,
The UNWC’s substantive procedures include the where appropriate, jointly, protect and preserve the
concepts of reasonable and equitable use and participationxx ecosystems of international watercourses”. This ecosystem
(Art 5, 6), obligation not to cause significant harmxxi( Art, 7) protection responsibility can be seen as extending the
and the duty to protect the ecosystemxxii (Art 20). general obligation of protecting international

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Volume 8, Issue 3, March – 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
watercoursesxxix (Rieu, Moynihan, & Magsig, 2012). Most collaborative scientific researchxxxix (Wouters, & Chen,
of China’s water treaties do not have provisions regarding it. 2013). The approach taken by most of the joint bodies
Only the Agreement with Mongolia contains one clause formed under Chinese treaties usually provides for annual
concerning ecosystem security that allows the parties to meetings to assist with agreement implementation.
“jointly protect the ecosystem of transboundary waters” xxx
(Art, 4). China’s treaty procedures are not as extensive nor  Dispute Settlement Procedure
as comprehensive as those of the UNWC. China’s treaty The 1997 UNWC encourages the peaceful resolution
practice shows intermittent and inconsistent compliance of all transboundary water-related conflicts. The convention
with these particular obligations. contains a comprehensive dispute resolution clause. UNWC
requires watercourse states to pursue peaceful resolution of
 Procedural Rules any conflict by Agreement, good offices, mediation, or
UNWC obliges transboundary water states to conciliation, participation of any joint watercourse agencies,
collaborate in “attaining optimal utilization and adequate arbitration, or adjudication through the International Court
protection of an international watercourse” xxxi (Art, 8). of Justicexl (Art, 33). A fact-finding commission may be
Whereas Article 9 of the UNWC allows watercourse states convened if the conflict is not resolved within six months
to share relevant data and information regularly. using the procedures givenxli (Art 33 (3)). Although the
commission’s conclusions are not legally bindingxlii (Art 33
China supports cooperation as a core subject in its (8)).
treaty practice, most generally referring to this notion at the
beginning of its international agreements. The treaty Compared to the clauses in the1997 UN water
specifies how collaboration can be carried out in certain convention clauses, China’s approach to dispute resolution
situations, generally by technical activities. For example, the in its water-related agreements is considerably more
China-Mongolia Agreement (1994) provides comprehensive restrained. China usually does not recognize compulsory
lists of areas in which the parties can collaborate, such as dispute resolution or the participation of third parties in
supervision, infrastructure maintenance, technology dispute resolution. Its conventional strategy has directly
exchange and development, and joint research xxxii (Art, 2, 3 resolved disagreements with other states through
&5). Likewise, the 2001 China-Kazakhstan Agreement lists consultation or diplomatic negotiations. The China-
cooperative activities such as applying new technology; Mongolia Agreement (1994) refers to “friendly negotiation”
maintaining irrigation infrastructure; preventing and as the way to tackle any problems occurring under the
mitigating pollution; preparing for floods and disasters; and treatyxliii (Art 14). The China-Kazakhstan Agreement of
controlling water qualityxxxiii (Art,5). China- Russia 2001 establishes consultations to resolve any disputes about
agreement also addresses emergencies requiring all States to the understanding and implementation of the
quickly share information and understand the appropriate Agreementxliv(Art, 14). Negotiation is the preferred method
measures to eliminate or minimize any effectsxxxiv (Wouters of dispute resolution, and it is also one of the tasks of the
& Chen, 2013). Joint Commissionxlv (China-Russia Agreement, 2008 4(3)).
However, comparing the UNWC’s dispute-resolution
Under the UNWC, there is a phased mechanism for provisions with China’s treaty procedure shows significant
planned measures which requires prior notification and similarities. Both cases strongly adhere to the core principle
exchange of information, the consolation requirement of of international law that international disputes must be
consultation and compulsion to consultxxxv (Chen, Rieu & resolved peacefully. Provisions involving collaboration,
Wouters, 2013). In compliance with its adherence, China negotiation, consultation, and support for creating joint
has not established procedural rules on planned institutional structures tasked with implementing the
measuresxxxvi (Wouters & Chen, 2013). agreements are central to each strategy.

 Institutional Mechanism IV. LESSONS FOR CHINA’S TRANSBOUNDARY

When it comes to institutional structures, the UNWC is WATER MANAGEMENT FROM THE UNITED
not quite specific. The UNWC does not create its institution NATIONS WATERCOURSES CONVENTION
for collaboration. However, it encourages states to create
certain mechanisms or commissions to promote cooperation China can learn several important lessons from the
on related measures and proceduresxxxvii )Art 24(1), and United Nations Watercourses Convention (UNWC) in
8(2)). managing its transboundary water resources. The UNWC
offers a comprehensive approach to transboundary water
In several of its transboundary water treaties, China’s management encompassing surface water and connected
treaty practice has supported the establishment of groundwater. While China’s transboundary water treaties
institutional frameworks. China has a variety of joint bodies primarily focus on surface water, the UNWC recognizes the
in charge of cooperating with its neighbors on importance of considering both surface water and
environmental and water issuesxxxviii (China-Kazakhstan groundwater for sustainable water resource management.
Agreement (2001) art 8, China-Mongolia Agreement (1994) China could learn from the UNWC’s comprehensive
Art 10 and China-Russia Agreement (2008) Art 4). These approach and consider connected groundwater in its
joint bodies have common responsibilities, such as transboundary water treaties to avoid disputes over scope
information exchange, water quality control, and issues in the future.

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ISSN No:-2456-2165
In conclusion, China could learn several valuable
Secondly, China’s transboundary water treaties support lessons from the UNWC in managing its transboundary
the principle of equitable and reasonable use; they lack water resources, including a comprehensive approach,
specific implementation guidance and monitoring measures. detailed guidance on the implementation of equitable and
In contrast, the UNWC offers comprehensive instructions, reasonable use, a strong emphasis on transboundary harm
including a list of factors to consider when implementing the prevention and ecosystem protection, practical guidance on
principle. By following the UNWC’s guidance, China could procedural rules, and a framework for peaceful dispute
ensure more effective implementation of this principle and settlement. By following these principles, China could
minimize the potential for disputes. promote sustainable water resource management and
regional cooperation.
Thirdly, the UNWC strongly emphasizes
transboundary harm prevention and ecosystem protection, V. CONCLUSION
where China’s current transboundary water treaties fall
short. China’s involvement in various multilateral This analysis of China’s transboundary water treaty
environmental agreements based on ecosystems could be practice shows that the (mostly bilateral) watercourse
beneficial in achieving this goal. By learning from the agreements between China and some of its neighbors are
UNWC’s emphasis on ecosystem protection, China could still developing. China’s treaties with neighboring countries
address the serious challenges to many of its ecosystems, regarding transboundary water have evolved and aligned
especially from pollution, and ensure more sustainable water with the principles espoused in the UN Watercourses
resource management. Convention, albeit in a less detailed manner. Nevertheless,
the treaties’ scope predominantly pertains to surface water
Fourthly, the UNWC provides more detailed guidance and may not explicitly cover constricted aquifers or
on procedural rules, such as notification and consultation connected groundwater. Although the principle of equitable
over planned measures, than China’s current transboundary and reasonable use is upheld, the specific measures for
water treaties. By following the UNWC’s practical guidance implementation and monitoring are lacking. Compared to
for implementing these rules, China could ensure more the UNWC, China’s treaty practice does not adequately
effective communication and cooperation with its address transboundary harm and ecosystem protection.
neighbouring countries and minimize the potential for While China’s treaty practice lacks detailed procedural
disputes. rules, the UNWC provides practical guidance to ensure
effective implementation. While joint institutions for
Finally, the UNWC provides a framework for peaceful implementing agreed-upon watercourse regimes are
dispute settlement that includes compulsory dispute encouraged, not all of China’s transboundary watercourses
settlement and the involvement of third parties. China’s are subject to treaty regimes. The dispute settlement
current transboundary water treaties differ from the UNWC mechanisms employed by China differ from those stipulated
in this regard, and it is unclear how China would address in the UNWC, and China’s stance on compulsory dispute
disputes that cannot be resolved through negotiations and resolution remains unclear. Enhancing substantive and
consultations. By considering the UNWC’s approach to procedural cooperation, creating effective joint bodies, and
dispute settlement, China could establish an agreed developing a framework for peaceful transboundary water
framework for the peaceful management of disputes and resource management is essential to promote regional
promote regional cooperation. leadership and cooperation.

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Volume 8, Issue 3, March – 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
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[26]. Article 4, China-Mongolia Agreement, 1994

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[41]. UNWC 1997 Art 33 (3)
[42]. UNWC 1997 Art 33 (8)
[43]. China-Mongolia Agreement (1994) Art 14
[44]. China-Kazakhstan Agreement of 2001 Art 12
[45]. China-Russia Agreement, 2008 4(3)

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