The Helsinki Rules adopted by the International Law Association in 1966 is one of the earliest and most frequently cited international freshwater documents. The basic principle put forward in Article 4 recognizes that every country in the international basin has the right to use the water in the basin reasonably and fairly. In addition to the principle of equitable utilization, article 10 also stipulates that countries shall not cause any new forms of pollution or aggravate the existing pollution of water in international basins, which may cause serious damage to the territory of another country in the basin. The country should take all reasonable measures to reduce all kinds of existing pollution so as not to cause damage to the territory of another country in the basin. However, this rule has been criticized because it does not clearly stipulate how to use and consume water resources and is not binding. However, the Helsinki Rules have been widely cited and developed in other international conferences.
1972 In the declaration put forward by the United Nations Conference on the Human Environment in Stockholm, principle 2-"For the benefit of this generation and future generations, the natural resources on the earth, including air, water, land, plants and animals, especially the representative specimens in the natural ecology, must be protected through careful planning or proper management" and principle 3-"International cooperation should be strengthened in protecting the earth's water resources". On the one hand, this shows that the international community has further deepened its understanding of the freshwater crisis, and at the same time, it also shows that the freshwater crisis facing mankind is becoming more and more serious.
From 65438 to 0977, the first United Nations Water Conference was held in Mar del Plata, Argentina, and the Mar del Plata Action Plan was adopted. The congress suggested studying the methods that can be used to manage shared water resources, making common plans, and implementing necessary mechanisms to coordinate the utilization of water resources, and put forward that "regarding the use, management and development of shared water resources, all countries should consider the rights of each country ... in order to use these rights equally."
1972 Stockholm declaration points out that "the earth's ability to produce very important renewable resources must be maintained and restored or improved if possible", which provides a direction for the protection of global fresh water resources. The action plan of the conference calls for international cooperation and collaboration to prevent fresh water pollution and protect the whole water resources.
(Recommendation 5 1-55). Since then, the Nairobi Declaration of 1982 and the Rio Declaration of 1992 have also reaffirmed the protection of freshwater resources. 1The United Nations Conference on Environment and Development held in Rio de Janeiro from June 3 to June 4, 1992 adopted a far-reaching Agenda 2 1 century. Agenda 2 1 Century, in its chapter 18, "Protecting the quality and supply of fresh water resources: taking an integrated approach to the development, management and utilization of water resources", puts forward detailed suggestions and regulations on the comprehensive development and management of water resources, water resources evaluation and the protection of water resources, water quality and aquatic ecosystems, with a view to meeting the needs of all countries for fresh water in achieving sustainable development.
Agenda 2 1 Century stipulates that water resources must be planned and managed in an integrated way, which must cover all kinds of related fresh water bodies, including surface water and groundwater, and at the same time, the quantity and quality of water must be properly considered. The basic idea of integrated water resources management is that water is an integral part of ecosystem, a natural resource, a social commodity and a valuable commodity. The quantity and quality of water resources determine its use nature.
The most powerful protection for the international river ecosystem is the Convention on the Law of Non-navigational Uses of International Watercourses. 198 1 year, the United Nations International Law Commission, which is responsible for the development and compilation of international law, began to formulate the law on the non-navigational uses of international watercourses. 1990 adopted the international water environment protection clause. 1On May 5, 1997, according to the provisions of the International Law Commission, the United Nations General Assembly adopted the Convention on the Law of the Non-navigational Uses of International Watercourses. This framework convention includes four types of clauses: general rules applicable to all international watercourses (article 5- 10), procedural rules for implementing these rules (articles1-19 and articles 29-32), and substantive clauses on freshwater protection, conservation and management (article 29-32) According to the Convention, watercourse States should use international watercourses in their respective territories in a fair and reasonable way and in the most appropriate and sustainable way, thus fully protecting international watercourses. In addition, watercourse countries should participate in the utilization, development and protection of international watercourses in a fair and reasonable way, and have the obligation to cooperate in the protection and development of international watercourses. States are obliged to take all appropriate measures to prevent significant harm to other watercourse States. Any country that causes such damage should consult with the affected countries to eliminate or reduce such damage and discuss the issue of compensation for losses when necessary. The Convention requires watercourse States to protect, preserve and manage international watercourses and their water quality, especially to protect the ecosystem of watercourses. The measures advocated by the Convention include: a. determining common water quality objectives and emission standards, adopting appropriate technologies and methods for centralized and decentralized pollution sources, and determining the list of substances that should be banned, restricted or monitored. B. protecting the biological resources of waterways should be the goal of pollution prevention and control. C regarding the management of watercourses, the Convention requires the establishment of a common management mechanism.
The climax of international freshwater resources protection is the International Freshwater Year in 2003. In March 2003, the third World Water Forum was held in Kyoto, Japan. Representatives from 165 countries and regions, international organizations and NGOs attended the meeting, with a total of more than 1000 people. According to the relevant provisions of Agenda 2 1 Century, the General Assembly decided that 2003 would be the International Year of Freshwater. The meeting extensively discussed the seriousness of the water crisis and the urgency of taking active actions to contain it. The topics discussed include water supply, water and climate, water and transportation, water and cultural diversity, water and sanitation facilities, water pollution and sanitation, water and energy, water and food, water and gender equality, water and environment, water information and management, water and poverty alleviation, etc. The purpose is to let more people get enough water and drinking water. Since the late 1960s, regional international organizations such as the United Nations Economic Commission for Europe or Council of Europe have formulated some documents on international rivers, which are generally not binding. In the1990s, the principles set forth in these documents were translated into treaties.
As a relatively developed integrated region, Europe is at the forefront in regional freshwater protection. As early as1May 6, 968, the European Council adopted the European Water Charter. Today, most of the principles put forward in it are recognized facts. Shortly thereafter, on September 1968 and 16, the European Council adopted the European Agreement on Restricting the Use of Certain Detergents in Washing Products. The United Nations Economic Commission for Europe has also issued some suggestions on protecting water resources, including 1970 on protecting surface water and groundwater from petroleum and petroleum products. During the ten years from 1980 to 1990, the Water Group of the United Nations Economic Commission for Europe drafted a series of documents on border water cooperation. In short, Europe and the European Union, which are highly integrated in politics, economy and culture, set an example for the world in the regional protection of fresh water resources.
(1) European Convention on the Protection and Utilization of Transboundary Rivers and International Lakes
1992 On March 17, the United Nations Economic Commission for Europe adopted the Convention on the Protection and Utilization of Transboundary Rivers and International Lakes in Helsinki, also known as the Helsinki Convention, which is applicable to all of Europe, Canada and the United States. The Convention has entered into force and has become a model for future agreements on the Danube and rivers in other parts of Europe.
Helsinki Convention is not a formal framework convention, which requires Europe and North America to adopt a consistent approach to rivers. To some extent, it combines two rules of international law: the rules on transboundary pollution and the rules on preventing river pollution. The contracting parties to the Helsinki Convention adopted the London Protocol on Water and Health in June 1999. The goal of the Protocol is to promote the protection of human health at all levels, improve the management of water resources, including the protection of aquatic ecosystems, and ensure that all people have access to drinking water and clean water within the framework of sustainable development.
(2) EU freshwater management-directive mode
As a quasi-federal entity, the European Community (the predecessor of the European Union) regards the territories of member States as a whole, not just transboundary waters. The most important directive of the European Community on water pollution control is aimed at the pollution caused by the discharge of certain dangerous substances into the community water environment (including territorial waters and internal waters) (Directive 76/464). 1979 17 On February 17, the European Community adopted another directive 80/68: Directive on protecting groundwater from certain harmful substances. Two important notes are attached with related lists. Directives on water pollution formulated by the European Community either stipulate emission standards, or carry out quality control, or both. In addition, the European Community has adopted many other directives, which stipulate the quality standards for different water sources and different uses. For more than a century, there have been many treaties on international rivers or lakes, but at first, these waters were not for protecting fresh water resources, but for navigation, fishing and flood control. Although the treaties signed between some countries to solve border problems contain provisions to prevent and control water pollution, there are few international treaties with the main goal of protecting fresh water. Since the 1960' s, many treaties dedicated to the protection of international rivers or lakes have been concluded between countries on all continents.
In Europe, the protection of the Rhine has a long history, and an important treaty system has been formulated for the protection of the Rhine. There are two international organizations specializing in the utilization and protection of the Rhine. One is the Rhine Navigation Center Committee established in 18 15, and the other is the Rhine International Committee established in 1963. The former has formulated some binding laws and regulations to prevent hydrocarbon pollution in river water and prohibit or restrict the transportation of certain dangerous goods, and formulated the Convention on the Collection and Disposal of Navigation Wastes on the Rhine River in 1996. The latter adopted the Convention on the Protection of the Rhine River on 1998122 October, further developing the Bonn Convention on the Protection of the Rhine River from Chemical Pollution of 1976. Considering the sustainable development of the Rhine ecosystem as a whole, considering the river, the river coast and the river influence area together is not only applicable to the Rhine, but also to the groundwater connected with it. In 2000 1 and1,the new Rhine Agreement, which replaced the Bonn Convention, became the basis of mutual cooperation between countries along the Rhine River and eastern European countries. Other relevant European conventions have also established similar mechanisms to control international river pollution. 1990, Germany, Czechoslovakia and the European Community established the International Commission for the Protection of the Elbe River. The purpose of the tripartite agreement is to make use of the river, especially in providing drinking water and agricultural water, to realize the natural ecosystem of species diversity as much as possible, and to reduce the pollution of the Elbe River basin to the North Sea. 1June 1994 1 1 Central and Eastern European countries and the European Community adopted the Convention on Cooperation in the Protection and Sustainable Utilization of the Danube (hereinafter referred to as the Danube Convention), which aims at achieving sustainable and balanced water management, including the protection, improvement and rational utilization of surface water and groundwater in river basins. Among the existing treaties to protect the terrestrial water environment, the Danube Convention is the most advanced because it adopts a comprehensive approach. 1In April 1994, France, the Netherlands and Belgium signed two agreements applicable to the Meuse River and the Guerder River, which were quite distinctive. The uniqueness of these two agreements lies in their distinction between river systems and river basins.
In North America, two treaty regimes on land waters have been established, one on the border waters between the United States and Canada and the other on the border waters between the United States and Mexico. In 1909, Britain and the United States signed the Treaty on the Boundary Water between the United States and Canada and Related Issues, in which there was a provision that the boundary water between the United States and Canada should not be polluted. However, the implementation of this provision was not satisfactory, and the Great Lakes were still plagued by serious pollution. In 1960s, the United States and Canada renewed their efforts to fulfill their obligations, and signed the Great Lakes Water Quality Agreement at 1972 and 1978 respectively, reaffirming the relevant regulations on the great lakes water system. 1987, the two countries signed the Great Lakes Water Quality Agreement between the United States and Canada, aiming at "restoring and maintaining the unity of chemistry, physics and biology in the ecosystem waters of the Great Lakes basin", which can not be said to be a further improvement and new development in the understanding of freshwater resources protection. There are also serious environmental problems related to water resources on the border between the United States and Mexico. In order to solve the problem of water resources allocation, the two countries concluded the Rio Grande Irrigation Convention and the Rio Grande Water Use Treaty in 1906 and 1944 respectively. The treaty pays attention to the distribution of water, but ignores the protection of water environment. From 65438 to 0983, the United States and Mexico signed a new framework agreement and agreed to cooperate on border environmental issues. This is the first time that the two countries have acknowledged their obligation to prevent border pollution. Two of the four annexes to the agreement are about the utilization and protection of border waters.
In Asia, people have made progress in adopting the whole basin method. Examples of transnational cooperation in water management in South Asia include the Indus River Basin water sharing agreement between India and Pakistan, the praised "Water Sharing Treaty" between India and Bangladesh, India-Bhutan hydropower development cooperation and India-Nepal transnational river management cooperation. However, the treaties on international rivers and lakes in Asia are mainly about water utilization rather than protection. 1992 Ganges River Basin Treaty between Bangladesh and India and 1996 Mahakali River Comprehensive Development Treaty between India and Nepal are good examples. Its main objective is to clarify the amount of water enjoyed by Parties. 1995 The Interim Agreement between Israel and the Palestine Liberation Organization on the Two Sides of the Jordan River and the Gaza Strip is mainly about the sharing of water resources. The more important treaty in protecting Asian land waters is the Cooperation Agreement on Sustainable Development of Mekong River Basin adopted by Cambodia, Laos, Thailand and Vietnam in 1995. The agreement adopts the basin method, so it has a wide range of application, but it lacks the participation of China, the upstream country of the river.
In Africa, a new policy reform has been implemented, namely, the shift to integrated water resources management (IWRM). Integrated water resources management is not limited to the national level, but also includes watershed management shared by two or more countries. 1963 the Niger river basin agreement stipulates that the coastal countries will cooperate to study and implement any project that may have an important impact on a certain aspect of the river system, its tributaries and sub-tributaries, the sanitary conditions of the waters and the biological characteristics of animals and plants. 1978 The gambia river Agreement has similar provisions. 1994, Kenya, Tanzania and Uganda signed the preparatory agreement for the tripartite environmental management planning of Lake Victoria. On this basis, 1995 established a global environment fund project, which focuses on fishery management, pollution control, weed invasion control and utilization management of river basin areas. From 65438 to 0995, the Southern African Development Community adopted the Protocol on Shared River System, which established the principle of consistent interests and close cooperation. The "Draft Nile Basin" promulgated by 1999 is a joint project between 10 countries where the Nile flows, aiming at ensuring the development, security, cooperation and economic alliance of sustainable resources.
In Latin America, Argentina and Uruguay formulated the Uruguay River Charter in 1975, with the aim of coordinating the two countries to take appropriate measures to prevent ecological imbalance and control sundries and other harmful substances in reasonable and catchment areas through the committee established by the treaty. 1995, Argentina, Bolivia and Paraguay set up a tripartite commission to develop the picomayo river basin. This institution will supervise the quality of river water and propose specific pollutant discharge standards.
The arrival of a well-off society in China has intensified the river and lake competition in the medical and health care indus