Towards Tradable Water Rights

Water Law and Policy Reform in China

verfasst von: Min Jiang

Verlag: Springer International Publishing

Buchreihe : Global Issues in Water Policy

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book provides a first comprehensive legal examination of water rights arrangements and water rights trading in China. Although recent water reform in China has made substantial progress in policy development and practice, how its legal and institutional framework facilitates or hinders the application of tradable water rights remains less addressed in the existing scholarship. Against the backdrop of China’s water reform and the wider international debate in water governance, this book aims to provide an innovative approach to the complex issue of water governance by critically analysing the recent legal and policy developments in China towards tradable water rights. It examines the deficiencies of the current systems for water rights arrangements and trading, explores how China may learn from and build on the international trends in water rights trading practice (mainly Australia and the US), and proposes legal and policy frameworks for defining and administering tradable water rights in China that underpin sustainable water use in the face of exacerbated water scarcity, variability, and uncertainty. All in all, the book proposes pragmatic strategies for China’s water law and policy reform to move towards tradable water rights, which encompasses a comprehensive prescription from initialising and defining tradable water rights to administering water rights and trading. By reflecting on the deepening water reforms in both China and other jurisdictions, the book aims to contribute to the international water governance debate by exploring from a legal and policy perspective, how China, comparative to other cases around the world, can find a balanced combination of water allocation mechanisms to address its water challenges. It is hoped that the observations and proposed implications for China’s water reform will contribute to developing a better understanding of the way in which experiences in water markets can be shared from jurisdiction to jurisdiction.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract

This chapter is an introduction to the entire book. It starts by discussing the state of the global water crisis which raises challenges to enhance water governance from both international and Chinese perspectives. It briefly explains why the book is important, what it aims to contribute to the existing scholarship, and how the content was researched. The chapter also provides an overview of the book.

Min Jiang

Chapter 2. Water Governance in a Changing World: China and Beyond

Abstract

This chapter provides a review of the recent developments in water governance around the implementation of market-oriented allocation mechanisms. Following a brief review of China’s water scarcity, the chapter sets the theoretical framework for the entire book by reviewing the international debates on water reform. It describes water’s characteristics as a resource and the complexity of water use, which have significant implications for shaping water governance. The recent developments in water governance from an international perspective are also examined in this chapter. It covers a number of key concepts which have significant implications for the legal and institutional arrangements of tradable water rights, including interdependency of water use, water as a social and economic good, alternative water property regimes, government versus market in water allocation, and last but not least, climate change adaptation and integrated water resources management.

Min Jiang

Chapter 3. China’s Water Law and Policy Reform: How Far Have We Travelled?

Abstract

Dominated by the philosophy of “man can conquer nature”, China’s water governance was traditionally oriented towards construction and utilisation rather than conservation and protection of water resources. It failed to encourage water saving and high water use efficiency due to its ineffective administrative allocation mechanism and fragmented management. Reflecting on the failure of the traditional notion of water use, and in particular its perception on the human-nature relationship, China has been undergoing a large-scale water reform, “Building a water saving society”. This water reform aims to achieve “harmonious coexistence between man and nature” by establishing a national water right system. This chapter reviews the current legal and policy developments in water rights trading in China. It provides an insightful understanding of the legal and institutional context within which tradable water rights have to be developed and operated. China is a country that has been experiencing fundamental changes in its economic, social, political, and legal systems over the past three decades. The evolution of China’s approaches to water management is representative of such transition. This chapter therefore also reviews the institutional framework of China’s water resources management, including laws, policies, and regulatory frameworks related to the key issues in water resources management. Such understanding is critical as it provides an overview of the starting point for future legal and policy reform towards tradable water rights.

Min Jiang

Chapter 4. Alternative Water Governance Mechanisms in China: Examination of Current Practices

Abstract

This chapter reflects on the current practices in water rights trading, in the context of other alternative water allocation mechanisms in China. Assisted by empirical analysis, such reflection is important to show that while the merits of water rights trading have been demonstrated through the piloting practices, its effectiveness has also been impeded due to the absence of basic legal and policy infrastructure. More importantly, major governance gaps are identified in the current systems for sufficient facilitation of water markets. Together with the previous chapter (Chap. 3), this chapter serves as a starting point for law and policy reform proposals that will be developed throughout the book in the following chapters.

Min Jiang

Chapter 5. Initialising Tradable Water Rights

Abstract

This chapter first clarifies the concept of water rights, which is used in various and confusing ways in China. Reflecting the changing philosophy of water use towards sustainability, it then investigates the three-step approach to water rights initialisation: the first step is water planning, which determines how much water can be allocated within a basin or a region as well as among multiple water use sectors. The second step of water quantity allocation distributes quotas among regions and sectors within the basin or the administrative region. It finally comes to the third step of water abstraction permits, which further defines usufruct water rights as the legal basis of tradable water rights. The current legal systems of water planning, quantity allocation, and abstraction permits are examined to understand their deficiencies that may undermine the development of tradable water rights, based on which implications for reform are articulated.

Min Jiang

Chapter 6. Designing Tradable Water Rights for China

Abstract

Well-defined water rights are a central element of a functional water rights market where limited water resources can be reallocated towards higher valued use. The examination of China’s water reforms reveals that the ill-defined water rights are one of the major constraints that need to be addressed to make the market mechanism work. This chapter explores how clear and secure tradable water rights can be defined in China’s context. Referring to international experiences (e.g. those in Australia and the US) in defining tradable water rights, the chapter elaborates on a number of essential attributes of water rights that affect their security and certainty. These include the origin, duration, predictability and priority of water rights, the level of government interference, transferability and divisibility. A framework of water rights arrangements for China’s South-to-North Water Diversion Project (SNWDP) is also proposed to prepare the world’s largest water transfer project to become the world’s largest water rights trading market.

Min Jiang

Chapter 7. Administering Water Rights and Trading

Abstract

From an economic perspective, water rights administration is an important variable of transaction costs for water rights trading. Globally in many countries in favour of market allocation mechanisms, water law reforms are attempting to remove the institutional barriers to their water trading markets. China faces a similar but more daunting challenge given that its water rights administration is to be established virtually from scratch. In other words, the current system lacks fundamental elements for water rights trading administration, and yet without it, a formal water market cannot occur. This chapter reviews international experiences from which China may learn to overcome the essential deficiencies in its existing legal system in water rights administration. Four major components regarding water rights administration highlighted in this chapter include centralisation of water rights administration, the water rights titling/registration system, provision of trading platforms, and market regulation and third-party protection. Reform recommendations will be made for China to address those critical components in water rights administration.

Min Jiang

Chapter 8. Conclusion

Abstract

This chapter is the concluding chapter of this book. It first provides an overview of the theoretical enquiry made in the book by presenting a water rights governance spectrum. It also draws together the proposals that are made throughout the book to feed pragmatic strategies for China’s water law and policy reform to move towards tradable water rights. It puts China’s water reform in the context of its wider societal transition, as well as the wider context of international water governance discussions and policy challenges in responding to future changes in water supply and demand. It also points out directions for future research.

Min Jiang

Backmatter

Titel: Towards Tradable Water Rights
verfasst von: Min Jiang
Verlag: Springer International Publishing
Electronic ISBN: 978-3-319-67087-4
Print ISBN: 978-3-319-67085-0
DOI: https://doi.org/10.1007/978-3-319-67087-4