国际流域生态系统法律性质的理论探讨

Discussion on the Legal Nature of the Ecological System of International River Basin

在国际流域资源的利用及保护中,各流域国极力争夺开发利用权,却怠于保护国际流域生态系统,导致国际流域水量短缺、水质污染、水生态破坏现象日益严重。设置有效的制度约束生态损益行为,激励生态增益行为,生态系统的法律性质必须厘清。国际流域生态系统具有重要的经济价值及生态价值,是流域国的共同财富,这种财富不同于传统意义的物质财富,是一种特殊形式的财富即生态财富。要保护这一共同财富,需要在国际水法中,以共同但有区别的责任原则、权利义务相一致原则、国际合作原则及协商原则等为指导,建立和完善对生态损益行为的约束制度和对生态增益行为的激励制度。

In the use and protection of resources in international river basins, countries try to win?the right to utilize, but fail to protect the ecological systems, which leads to the fact that water shortage, water pollution and water ecological damage become more and more serious in international basin. To set up the effective system of constraints on ecological loss behaviors and encouragements of ecological gain behaviors, the legal nature of ecological system must be clarified. The ecological systems of international river basins have both economic value and important ecological value. They are the common wealth of river countries, which is different from the traditional sense of material wealth. Ecological wealth is a special form of wealth. To protect the common wealth, the restriction system to ecological loss behavior and the incentive system to ecological gain behavior should be established and perfected in international water laws with the principles of correspondence between rights and responsibilities, of common but differentiated responsibilities, and of international cooperation and negotiation as guidelines.