Integrating Restoration into China’s Transboundary Water Governance: The Synergy of MEAs, International Water Law, and Domestic Law

China shares over 110 transboundary rivers and lakes with 13 of its 14 neighboring States (excluding Afghanistan) and three additional downstream states. This extensive hydrological network positions China’s transboundary water governance as a pivotal factor in regional stability.

China’s transboundary freshwater basins are under increasing ecological pressure due to hydropower development, altered flow regimes, pollution, and climate change. Domestically, China has promoted ecological restoration through national environmental legislation. At the international level, China participates in several multilateral environmental agreements (MEAs) that explicitly or implicitly support ecological restoration, including the Convention on Biological Diversity (CBD), the Ramsar Convention, and the UN Convention to Combat Desertification (UNCCD). Despite these domestic and international commitments, China’s water agreements with co-riparian states take a more cautious approach, paying little attention to ecosystem restoration. This creates a significant gap in the legal framework governing the restoration of transboundary water ecosystems.

This paper examines China’s obligation to restore shared freshwater ecosystems through the synergistic interaction of MEAs, international water law, and domestic environmental legislation. It starts with analyzation on how China’s restoration obligation under the CBD, the Ramsar Convention, and the UNCCD, although territorially focused, can generate expectations in transboundary contexts where ecosystem degradation affects neighboring states. The paper further explores whether customary principles of international water law, such as the principle of equitable and reasonable utilization, the duty to prevent significant harm, and the duty to cooperate, can support an implied restoration duty in China’s water agreements. Finally, it considers how domestic environmental laws related to restoration can reinforce China’s responsibilities in transboundary water governance.

The paper argues that, while China currently has no explicit restoration obligations in its water agreements, the combined influence of MEAs, international water law principles, and domestic legislation establishes a normative basis for cross-border ecosystem restoration. This legal framework clarifies China’s legal duties and provides a foundation for more integrated management of shared freshwater resources, bridging domestic and international legal frameworks.