图们江入海港口开发与建设的国际法依据及分析——基于北极东北航道通航的视角

The International Law Basis and Analysis of the Development and Construction of the Tumen River Port:Based on the Navigation of the Arctic Northeast Passage

北极东北航道作为"一带一路"重点建设海上合作的三条线路之一,通航的基本条件已经具备。图们江入海口是我国距离东北航道最近的地点,建设图们江入海港口对于我国具有重要的经济带动效应和战略意义。文章梳理了图们江入海港口开发的历史渊源与中国、俄罗斯、朝鲜3国先期合作的共识及相关法规基础,从开发与建设的两环节提出了取得图们江入海权与进行入海港口开发及投资建设的国际法依据。依据国际法提出:着眼于未来的发展,开发与建设图们江入海自由港,进一步提出采取谈判或磋商方式加强合作,争取图们江入海口出海权;按照第四代自由港的模式建设图们江自由港,加强与周边港口的互联互通;以图们江入海港口为枢纽,建立图们江港口型自由贸易区等设想与建议。

The Arctic Northeast Passage is one of the three routes for the construction of maritime cooperation with the'Belt and Road'.The basic conditions for navigation are already in place.The Tumen River estuary is the closest location to the Northeast Passage in China.The construction of the Tumen River into the sea port has important economic driving effects and strategic significance for China.The paper sorted out the developing history of the Tumen River port and the consensus of the early cooperation between China,Russia and North Korea,and the relevant legal basis.The international law bases were proposed,for Tumen River obtaining the rights to enter the sea and to develop and invest in the port construction,by two links of development and construction.In accordance with international law,it was proposed to develop and construct the Tumen River into the sea free port in the future,and further proposed to strengthen cooperation through negotiation or consultation to win the right to enter the sea in the mouth of the Tumen River;to build the Tumen River Freeport in accordance with the fourth-generation free port model,strengthen its interconnection with surrounding ports.Suggestions on the establishment of the Tumen River port-type free trade zone with the Tumen River port as the hub were also proposed.