跨界含水层法编纂与发展述评——兼论跨界含水层的保护与利用

Review on the Codification and Development of Trans-boundary Aquifers and Discussion on Its Utilization and Protection

联合国国际法委员会近年来对跨界含水层法进行了编纂和发展,先后通过了《跨界含水层法条款草案》的一读和二读。《跨界含水层法条款草案》界定了跨界含水层的有关概念,确立了跨及含水层的一般原则,如含水层国的主权原则、含水层公平合理利用原则、不对其他含水层国造成重大损害的义务原则、国际合作原则等,规定了对跨界含水层防止和减少污染及保护、保全跨界含水层生态系统主要规则。作为配合,联合国教科文组织推出了跨界含水层世界地图。《跨界含水层法条款草案》的通过将对跨界含水层法的发展起到重大的推动作用,并将有助于促进跨界含水层利用和保护的有序进行。对于我国及邻国对跨界含水层的开发利用和保护也具有重要的启示意义。

In recent years, the United Nations International Law Commission has been compiling and developing the law of trans-boundary aquifer, and has passed the first and the second reading articles on trans-boundary aquifer in succession. The draft articles on trans-boundary aquifers defined several important concepts about trans-boundary aquifer, and established general principles of trans-boundary aquifer, such as the principle of the sovereignty of aquifer states, the principle of equitable and reasonable utilization, the principle of the obligation not to cause significant harms to other aquifer states, the principle of general obligations to cooperation and so forth. The draft also stipulated the rules on protection, preservation and administration of trans-boundary aquifer. For example, it regulates that aquifer states should regularly exchange data and information and encourage aquifer states to realize bilateral or regional agreements. Aquifer states are suggested to take all appropriate measures to protect and preserve ecosystems within their trans-boundary aquifers or aquifer systems. They also have to prevent, reduce and control pollution to trans-boundary aquifers. Meanwhile, the United Nations Educational, Scientific and Cultural Organization （UNESCO） released the first global map of trans-boundary aquifers. According to this map there are primarily about 273 trans-boundary aquifers in the world. All aquifer states pay great attention to the draft and the utilization and protection of these trans-boundary aquifers since the trans-boundary aquifer is one of important shared natural resources. In fact, some countries have signed bilateral and regional agreements on their trans-boundary aquifers; the International Law Commission learned from the experiences from these countries. The pass of the draft articles on trans-boundary aquifers will greatly promote the development of the international law on the draft articles of trans-boundary aquifers, and will benefit the utilization and protection of trans-boundary aquifers all over the world. This will also be useful for providing some references to the utilization and protection of trans-boundary aquifer over China and other countries. There are about 8 main trans-boundary aquifers shared by China and some of neighboring countries such as Russia, Kazakhstan, Vietnam, North Korea and Myanmar. It is suggested that these states draw on the draft and cooperate with each other to the survey and research on trans-boundary aquifers, and then establish corresponding systems on the utilization and protection of abovementioned trans-boundary aquifers, for example to sign bilateral treaties on trans-boundary aquifers. Practices of the utilization and protection of trans-boundary aquifers will then promote the development of the law of trans-boundary aquifers.