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The Yin and Yang of International Water Law: C hina's Transboundary Water Practice and the Changing Contours of State Sovereignty
Author(s) -
Wouters Patricia
Publication year - 2014
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12069
Subject(s) - sovereignty , dilemma , metaphor , state (computer science) , context (archaeology) , international waters , international law , treaty , law and economics , political science , law , economy , political economy , international trade , business , economics , geography , philosophy , politics , linguistics , archaeology , epistemology , algorithm , computer science
International law, by its very nature, is dichotomous – at once anchored in tradition, and yet infused with future potential, inherently capable of transforming to address evolving contemporary challenges. This article explores the dynamic nature of international law in the context of transboundary freshwaters shared across Asia, with a focus on C hina. Soon to be the world's leading economy, C hina forges ahead with development on all fronts, placing increased pressures on its already diminishing qualities and quantities of freshwater. As an upper riparian S tate on close to 40 major transboundary watercourses shared with 14 neighbouring countries, C hina faces the ‘upstream dilemma’: how to meet domestic water‐related needs, while at the same time taking into account other nations' requirements. In short, how can C hina be the ‘good neighbour’ that it emphasizes is an integral part of its foreign policy strategy? A concise review of C hina's treaty and State practice related to its transboundary water resources reveals incremental but significant changes in that arena, which reflect new approaches to national sovereignty. The article suggests that the ancient C hinese concept of ‘yin and yang’ provides an apt metaphor for considering C hina's evolving transboundary water practice – an emerging ‘ C hinese way’.