The legal components of benefit‐sharing in transboundary watercourses: An analysis of China's approach

Transboundary water resources are governed under the rules of equitable and reasonable utilization and the due diligence obligation not to cause significant harm, widely recognized as customary international law. In meeting their obligations, States could allocate water resources between riparian States, but they may also share the benefits of utilization. Although not well defined, benefit‐sharing has received significant attention around the world, particularly in China, a primarily upstream State that prefers bilateral agreements and soft law instruments. This article explores benefit‐sharing through its base legal components, analysing China's transboundary water treaties and instruments to determine if they can act as a foundation for benefit‐sharing, while drawing out lessons for implementing benefit‐sharing globally.