Attribution of Liability in Transboundary Water Pollution Incidents

Zhen Ren

doi:10.71113/JCSIS.v2i5.273

Authors

Zhen Ren Xi'an Jiaotong University School of Law, China

DOI:

https://doi.org/10.71113/JCSIS.v2i5.273

Keywords:

International water law, Transboundary water resources, Transboundary environmental damage, State responsibility

Abstract

The issue of attribution of liability for transboundary water resource pollution involves a large number of stakeholders. It is necessary to analyse the ambiguities in the liability in the light of the legal basis and the practical orientation, and to find a way forward to improve clarity and enforceability. It is crucial to clarify the liability and compensation mechanism, which not only needs to follow the basic principles of international environmental law, such as common but differentiated responsibilities and sustainable development, but also draws on international treaties and judicial practice. Besides, At the same time, it is also important to pay attention to the fact that China has already gained some influence in the international community in the area of liability determination for transboundary water pollution, including the management of transboundary water resources based on sovereignty and co-operation, the construction of a legal system using a combination of soft and hard law, and the establishment of an ecological compensation mechanism. In order to enhance the clarity and operability of international liability norms in line with the international process, China can refer to international practices and achieve its goals by promoting transboundary water resources cooperation, strengthening legal enforcement and cross-border accountability, and improving emergency preparedness and liability implementation.

References

[1]Yifei, Zhang, Ziyang, Jin, Binqin, Shan, et al. (2024). Review of research on international water resources conflict and resolution. World Regional Studies (02), 27-39.

[2]Canling, Lin (2019). The Establishment of National Liability for Accidental Transboundary Water Pollution. Political Science and Law (11), 126-135.

[3]Zhixuan, Zhao, Yanli, Liu, Yining, Wang, et al. (2018). Building a Multilevel Ownership System for Transboundary Water Resources: A Case Study of the Lancang-Mekong River Basin. Water Resources Development Research (10), 9-15.

[4]Huanxin, Luo (2021). An Analysis of Legal Issues and Countermeasures Concerning Japan's Plan to Discharge Contaminated Water into the Ocean:Coordinating the International Law and Domestic Law on Liability Relief. Japanese Studies (4), 35-61.

[5]Yuanyuan, Li, & Yan Zhang (2023). Invoking National Responsibility for Japan's Fukushima Nuclear Wastewater Discharge:The Perspective of“Obligation Erga Omnes”. Journal of International Economic Law (4), 1-16.

[6]Xianjing, Wu (2024). The Preventive Function and Normative Expression of the Responsibility Section of the Ecological Environment Code. Law Review (6), 141-151.

[7]Chen Zhou (2023). On the Common But Differentiated Responsibilities Principle In the Context of Carbon Neutrality. Wuhan University Journal：Philosophy & Social Science (2), 152-163.

[8]Lili, Shao (2017). The Reconstruction of the Conflict and Cooperation Legal Theory of Transboundary Water Resources under the Vision of National Sovereignty. International Forum (2),36-41.

[9]Yanmei, He (2007). The Legal Theory and Practice in the Utilization and Protection of International Water Resources. Legal Publishing House.

[10] Desheng, Hu (2018). On the Theory of Community of Interests in International Water Law:Gap between the Ideal and Reality. Journal of Political Science and Law (5), 34-51.

[11] Cunfan, Ding (2020). The Connotation and Support of the Damage Responsibility Principle. Environmental Law Review (2), 113-136.

[12] Weichun, Chen (2018). New Development of the International Legal System of Marine Dumping and its Revelation to China. Journal of North China Electric Power University(Social Sciences) (5), 1-10.

[13] Xuyu, Hu (2013). Privatization of Liability for Transboundary Pollution Damage. Tribune of Political Science and Law (6), 44-60.

[14] Shicun, Wu (2020). The Future of Global Ocean Governance and China's Option. Asia-Pacific Security and Maritime Affairs (5), 1-22.

[15] Qian Wu (2021). The Change of International Water Law Guided by the Vision of the Community of Shared Future for Mankind. Journal of China University of Geosciences(Social Sciences Edition) (2), 52-64.

[16] Philpot Daniel, & Wei Yi (2018). Sovereignty. China security studies (2), 37-46.

[17] Agaraj, X. (2011). Environmental Market Failure And Globalization In Developing Countries.

[18] Saul, R., Barnes, R., & Elliott, M. (2016). Is climate change an unforeseen, irresistible and external factor - A force majeure in marine environmental law?. Marine pollution bulletin, 113(1-2), 25-35.

[19] Jinpeng Wang, & Lulu Jiang (2023). On the Obligations and Responsibilities of States to Protect International Submarine Cables. Journal of Ocean University of China(Social Sciences) (6), 33-45

[20] McIntyre O. (2017). The Practice of Shared Responsibility in International Law. Cambridge University Press.

[21] Hong Zhao (2023). From ‘Contract' to ‘Quasi-Judicial': Development Path of International Dispute Resolution and Reform of WTO Dispute Resolution Mechanism. Tsinghua University Law Journal (6), 108-123.

[22] Yongmei, Chen, & Youfang, Guo (2023). Reflection and Innovation on the Legal Mechanism for Water Resources Cooperation in the Lancang-Mekong River Basin. Social Sciences in Guangxi (2), 46-54.

[23] Wei Shen, & Shuo Feng (2022). Globalism or Territorialism: Divergence, Game and Coordination of Global Data Governance Rules. Journal of Soochow University: Law Edition (3), 34-47.

[24] Youqi, Shi, & Weiwen, Zheng (2022). Ensuring the Effectiveness of Soft Law in Regional Intergovernmental Cooperation. Seeker (6), 156-163.

[25] Youqi, Shi, & Zhikun, Yang (2018). The Rule of Law Approach to Government Governance in China. Social Sciences in China (1), 66-89.

[26] Tianbao, Qin (2021). Theory of Compensation for Ecosystem Services in Trans-boundary Water Allocation and Its Realization-in the Context of a Community with Shared Future for Mankind. Global Law Review (5), 177-192,.

[27] Qingjun, Wang (2023). The Connotation,Character and Structure of Ecological Protection National Compensation Liability. Administrative Law Review (4), 155-167.

[28] Yanmei, He (2020). The Management System of Transnational Basins under International Water Law. Journal of Boundary and Ocean Studies (6), 53-79.

[29] Zewei, Yang (2023). The Construction of China-ASEAN Blue Partnership under the Background of Regional Shift in Global Governance:Achievements,Problems and Future Development. Journal of Boundary and Ocean Studies (2), 28-45.

[30] Bangda, Hu (2024). Legal Regulation of Radioactive Matter Dumping into the Ocean:Evolution, Limitations and Breakthroughs of the London Convention. Chinese Review of International Law (5), 16-28.

[31] Hao Zeng (2019). The Settlement of the China-India Boundary Dispute:A Comparative Historical Review of Approaches and their Effectiveness. South Asian Studies (4), 60-84.

[32] Qingjun, Wang (2024). Legal Safeguards for Win-Win Cooperation in Ecological Protection Areas and Beneficiary Areas. China Economic & Trade Herald (6), 36-39.

[33] Guanwen, Tan, & Tingting, Wei (2024). The Legal Path to Collaborative Governance of Cross-Border River Pollution between China and Vietnam from the Perspective of the China-ASEAN Community of Shared Future. Coastal Enterprises and Science & Technology (4), 37-44.