简论国际河流水权理论的构建

Establishment of theory of water right of international rivers

国际河流水权研究长期被忽略,成果较少。构建完善的国际河流水权理论是解决水冲突的关键。国际河流水权应界定为扣除生态需水量的水体所有权。以水权为基础建立流域国权利义务对等的法律关系不仅具有学术创新意义,对于维护我国国家利益也十分重要。

The issue on the water right of international rivers has long been ignored, and there are few academic researches. The establishment of a profound theory of water right of international rivers is the key to solve international water conflicts. The water right of international rivers should be defined as the net ownership of the water discharge after deduction of ecological water requirement. The establishment of legal relations of reciprocity rights and obligations among basin States based on the water right is an academic innovation, and it is also an important approach for the maintenance of China＇s national interests.