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跨境河流具有重要的地缘政治和地缘经济内涵,但由于人口与经济的快速发展,跨境河流沿岸国常围绕水资源的开发和利用引发地区矛盾。因此,如何从生态的视角解决水资源的公平合理地开发与有效保护生态环境之间的不平衡性成为国际社会面临的主要问题。本文从跨境河流的相关国际水法出发,综述了利益共享、生态补偿机制以及适应性管理体系的研究进展。并发现在法律制度上,国际水法已经形成了一套完整体系,并更加注重水资源的跨境合作与可持续利用;在解决跨境水资源冲突的实践上,呈现从单一的水资源分配(零和结果)向利益共享转变的趋势,以期达到沿岸国多赢的目的,但跨境的生态补偿仍然存在一定困难。在中国,上下游间的横向生态补偿已被中央政府高度重视,为建立省际之间的生态补偿机制提供了指导。从现有实践来看,横向的生态补偿机制仍处于起步阶段,所实施范围小,法律制度薄弱,缺乏市场机制的动力并且依赖财政转移支付。未来,中国应加强跨境水资源在法律制度、国际合作与利益共享方面的研究。由于政府在生态补偿的实践中兼具的多重身份(如推动者,监管机构和买方),为了构建具有适应性管理的跨境生态补偿机制,政府应尽快完善在数据共享平台,水资源消耗标准及相关政策和标准(或条例)等方面的建设。
The cross-border rivers have important geopolitical and geo-economic connotations. However, due to the rapid development of population and economy, the coastal areas along the trans-boundary rivers often trigger regional conflicts around the development and utilization of water resources. Therefore, how to solve the imbalance between the fair and reasonable development of water resources and the effective protection of the ecological environment from an ecological perspective has become the major issue facing the international community. Based on the relevant international water laws of cross-border rivers, this paper reviews the research progress of benefit sharing, ecological compensation mechanism and adaptive management system. And found that in the legal system, the international water law has formed a complete system, and pay more attention to water resources in cross-border cooperation and sustainable use; in the settlement of cross-border water conflicts in practice, showing a single allocation of water resources Zero and the result) to the benefit-sharing trend with a view to achieving the purpose of a win-win coastal country, but there are still some difficulties in cross-border ecological compensation. In China, horizontal ecological compensation between upstream and downstream has been taken seriously by the central government, which provides guidance for establishing inter-provincial ecological compensation mechanism. From the existing practice, the horizontal ecological compensation mechanism is still in its infancy, the scope of implementation is small, the legal system is weak, the lack of market mechanism and rely on financial transfer payments. In the future, China should strengthen research on cross-border water resources in terms of legal system, international cooperation and benefit sharing. Due to the government’s multiple identities (such as promoters, regulators and buyers) in the practice of ecological compensation, in order to build a cross-border ecological compensation mechanism with adaptive management, the government should, as soon as possible, improve the data sharing platform, water consumption standards And related policies and standards (or regulations) and other aspects of construction.