论国际河流后开发国家的权利与义务

The Discussion on the Rights and Obligations of the Countries Developing International Rivers Later

国际河流后开发国家特殊的地理位置使其对国际河流的开发会对先开发国家的既得利益产生重要影响。国家对位于其领土内的国际水资源享有主权是后开发国家对国际河流享有开发利用权最主要的法理基础,"先占主义"理论在国际实践中鲜获支持,国际仲裁、判例进一步确认了后开发国家开发利用国际水资源的权利和义务。故国际河流后开发国家享有开发利用国际河流的权利,同时也应承担相应的国际责任和义务。我国作为大部分国际河流的后开发国家也应受到启示,以实现国际水资源的可持续利用。

The countries developing international rivers later have special geographical condition. Therefore, their development and utilization on international rivers will be of great significance to the interests that countries developing international rivers earlier have got. Countries possess the permanent sovereignty over international water resources located in their territory, which is the most important legal basis for the national development and utilization rights of countries developing international rivers later. Theory of ＂resources who occupies earlier belong to them forever＂ is little supported in international practice. In addition, international arbitration and the case service for further confirmation on the rights and obligations of international water resources development and utilization performed by countries developing international rivers later. Therefore, in accordance with international water law, countries developing international rivers later should have much greater international liabilities and obligations while having the right to develop international rivers. China, as a country developing most of international rivers later, should also be inspired from international rivers＇ development and utilization. Meanwhile, we should work out the water development planning that can meet our own needs and other countries＇interests so as to achieve the sustainable use of international water resources.