Coming from a water abundant city in South China, I did not realise how water
presents an immense challenge for China until I had lived in the extremely water
scarce capital city, Beijing, for my postgraduate study at Tsinghua Law School. The
first spring that I spent in Beijing remarked my first life experience in yellow dusty
sandstorms, which later I learnt were mainly caused by aggravating desertification
as a result of overexploitation of water resources in China’s second largest inland
river basin, the Hei River Basin. In 2005, when I had the opportunity to undertake a
PhD in environmental law at Macquarie University in Australia, I was inspired to
focus my study on water law and policy reform.
Freshwater resources in many countries around the world are increasingly pressured
by population growth, economic development, urbanisation, rising standards
of living, changing values of the environment, and on top of all these stresses, climate
change. While governments confront major issues in sustainable water use,
how water governance responds to water scarcity, variability and uncertainty has
become a key global policy challenge. Water reforms have been observed globally,
delivering mixed outcomes. The roles of government and market in water allocation
lie at the centre of the water reform debate, reflecting different values of water as
both a public/social and economic good. China’s current water reform aims to
explore the application of market-based water allocation mechanisms, for which it
is recognised that learning from international experiences is important. Against this
backdrop, my PhD project provided a first comprehensive legal examination of
water rights arrangements and water rights trading in China by reflecting on experiences
from overseas jurisdictions, and particularly Australia and the United States.
My PhD thesis forms the foundation of this book.