《国境铁路协定》研究

Research on Cross-Border Railway Agreement

《国境铁路协定》是中国与相邻国家办理国际铁路联运遵循的国际双边条约,我国目前与周边俄罗斯、哈萨克斯坦、蒙古、越南、朝鲜、老挝6个国家签署了《国境铁路协定》。在阐述《国境铁路协定》概念、主要内容和发展沿革的基础上,根据联运规章的3种构成体系,确定《国境铁路协定》的法律地位为:双边条约下与联运协定并立、铁组多边条约+双边《国境铁路协定》体系下的从属地位、铁组多边条约+双边《国境铁路协定》+企业双边协议体系下的居中地位。从协定升级、便利化通关、机车车辆驾驶人员资格、接轨点、单证无纸化等方面研究了“一带一路”倡议对《国境铁路协定》内容的需求,在具体实施环节,建议应在国内立法层面补充完善相关法律法规、落实争端解决机制以及加强两国对口部门的协调合作。

The Cross-Border Railway Agreement is an international bilateral treaty followed by China and its neighboring countries in handling international railway transport. Up to now, China has signed the Cross-Border Railway Agreementwith six neighboring countries, namely, Russia, Kazakhstan, Mongolia, Vietnam, North Korea, and Laos. On the basis of expounding the concepts, main contents, and development of the Cross-Border Railway Agreement, according to three regulation-constituent systems, this paper determined the legal status of this agreement as follows: coexistence with international railway transport agreements under the bilateral treaty, subordination under the system of the multilateral treaty of Organization for Co-operation Between Railways(OSJD) + bilateral Cross-Border Railway Agreement, and intermediate status under the system of OSJD multilateral treaty + bilateral Cross-Border Railway Agreement + bilateral agreements of enterprises. The requirements of the “Belt and Road Initiative” for the contents of the agreement were studied from the aspects of agreement upgrading, facilitation of customs clearance, qualifications of locomotive and car drivers, cross-border points, paperless documents, etc. In the implementation, it is suggested that relevant laws and regulations should be supplemented and improved at the domestic legislative level;the dispute settlement mechanism should be implemented;coordination and cooperation between counterpart departments of two countries should be strengthened.