Benefit-sharing and upstream/downstream cooperation for ecological protection of transboundary waters: opportunities for China as an upstream state

Abstract

For obvious reasons, upstream states have tended to favour the principle of equitable and reasonable utilization while downstream states invoke the duty to prevent significant transboundary harm. However, while downstream states seek to rely on ecosystem services safeguarded by upstream states, harm can flow in both directions with restrictions on water utilization impacting on upstream interests. Benefit-sharing arrangements which take account of emerging conceptual methodologies for ecosystems protection can play a major role in reconciling the interests of upstream and downstream states.

Keywords:

• international water law
• benefit-sharing
• e-flows
• ecosystem services
• eco-compensation

Acknowledgements

The author would like to thank all the academic staff at Xiamen University Law School for their kind hospitality and assistance, in particular Professor Chen, Huiping, Professor Han, Xiuli and Professor Patricia Wouters.