国际河流中下游沿岸国对上游沿岸国的影响

人们普遍认为只有河流上游沿岸国通过水量控制或水质污染给下游沿岸国带来损害,而没有认识到下游沿岸国凭借对水资源已有使用权和水权的要求,将剥夺上游国家未来对水资源的使用权。法院判决、信函交流、学术讨论和国际河流开发利用的实践等表明,人们已认识到剥夺未来使用权的概念并对之理解越来越清晰。讨论了赫尔辛基规则和国际水道条约中上下游沿岸国之间的关系,认为公平合理利用原则已成为水道公约和国际水法的基础性导则,河流各沿岸国应相互尊重,一国的河流开发举措不应对其他国家造成利益损害。结合Baardhere工程、盖巴斯科夫-拉基玛洛工程两个典型的国际水事纠纷事件,分析了剥夺未来使用权的概念和公平合理利用原则在实践中遇到的挑战。     

Asymmetry and Equity in Water Resources Management; Critical Institutional Issues for Southern Africa

Water users wish to achieve the highest benefits from water resources. Rules limit the manner in which water users may utilise the water resources occurring within their constituencies or territories. However an asymmetrical situation exists whereby downstream users may not affect upstream users but upstream users do cause downstream impacts. Because of this asymmetry the equitable sharing of water resources between upstream and downstream users will always imply that upstream users have to forego some potential water benefits. The general question that this paper addresses is: which institutional arrangements can be devised to (re-)establish an equilibrium between up- and downstream entities within a catchment area or river basin? The paper addresses this question by first focusing on some local and national water allocation arrangements. After briefly reviewing the different management regimes, customary and colonial, that co-evolved in Southern Africa, it assesses the water management principles that are currently being espoused. The focus then turns to the principles in international water law that deal with the allocation of water in transboundary river basins. It is concluded that it often proves difficult to reach agreement over how to share the scarce resource. The paper then discusses the current trend to look beyond water and beyond the river basin when seeking peaceful means to share a common water resource. The concept of “hydrosolidarity” emerges as a normative value that may help to recreate a balance between the various (asymmetrical) interests that exist within a river basin. The paper concludes that water resources can only be governed wisely is there is capacity to understand and monitor the water fluxes within a river basin. If such capacity is wanting, priority should be given to strengthen it.     

Contemporary legal analysis of China’s transboundary water regimes: international law in practice

China’s rapid development places growing pressure on its water resources, including its considerable transboundary waters. This paper analyses the current situation of China’s transboundary water regimes through a legal analytical framework. The evaluation of treaty and state practice reveals that while China adheres to and follows some fundamental rules of international water law, gaps remain. New trends in China’s state practice and in the field of international law offer interesting opportunities for addressing these shortcomings.     

Water security in Himalayan Asia: first stirrings of regional cooperation?

The challenges of freshwater cooperation and the links between the global policy agenda and national water management are more obvious and easier to spell out at a regional level than in the global arena. By analysing how the existing regional regime within Himalayan Asia contributes to the development of international water law, this paper identifies gaps in our current understanding of regional approaches in international law and outlines pathways for addressing them.     

Candidates for the next IWRA Executive Board, 2013–2015

Abstract

The international cooperation to control the water quality of the Rhine river is widely rated as successful. By the turn of the century the cooperation has resulted in a well-elaborated international regime. This article reviews the development of the Rhine regime. Explanations for this development are found in the policies of the downstream Dutch government, the activities of NGOs, the efforts of upstream riparian states, and in the activities of the International Commission for the Protection of the Rhine. The gradual improvement of the water quality also helped the progressive regime development along.     

The Relevance and Role of Water Law in the Sustainable Development of Freshwater

Abstract

Everyone lives downstream—except the water lawyers; they commute from Mars. Repeated statistics forecast imminent global water scarcity with disastrous consequences. International experts promote solutions based on sound economics, science, and enlightened and enhanced political commitment. Absent from the integrated water resources strategy are considerations of fundamental principles of water law—a serious shortcoming. The development and implementation of a comprehensive, forward-looking integrated water resources management scheme must include water law as an integral component. This is especially important in upstream/downstream situations where conflicts of water use are increasingly inevitable.     

水资源危机与国际争端

全球的淡水资源占水资源总量的25%,人类可利用的占淡水资源的0.26%,而且地域、时空分布极不均衡。近年来,水荒频繁出现,因水短缺及权属问题引发的国际争端时有发生。为避免或减少这种争端,国际间应共同制订国际河川开发利用的通用规则。     

The Participatory Regime of Water Governance in the Iberian Peninsula

Abstract

Transparency and public participation are important ingredients to achieve effective water governance. Since the Rio Conference, diverse international instruments advocate access to information and public participation in river basin management. At the European Union level, the Water Framework Directive (WFD) establishes specific obligations for member states to include the public in the planning and management of river basins processes. In addition, the WFD Guideline on Public Participation includes three forms of public participation: active involvement, consultation, and provision of information. At the present moment, Spain has a legal and institutional framework that allows a very limited participatory process: only water users holding an economic stake can participate in the management of Spanish river basins. Concerning transparency, the law establishes the right to accede to information but this right has two different levels: for the general public and for water users. In the Iberian shared river basins regulated by the 1998 Luso-Spanish Convention, mechanisms allowing public participation in the terms of the WFD are not in place yet. It is necessary to reform the legal and institutional framework to facilitate real participation and to achieve effective water governance.     

浅析浙江省水土流失与社会经济的关系

通过对浙江省近20a的水土流失和社会经济变化情况的分析，找出了两者之间的发展规律和两者之间相互关联、相互影响、相互制约的关系。提出必须处理好它们之间的辩证关系，以水土资源的可持续利用，促进经济的持续协调发展和人与自然的和谐，为全面建设小康社会提供支撑和保障的论点。     

International water law and supporting water management principles in the development of a model transboundary agreement between riparians in international river basins

A set of water management principles are analyzed and form the basis for a template for a model transboundary agreement for international river basins. The tenets of international water law, which support the selection of the principles, are analyzed. The principles include equitable and reasonable utilization and the obligation to not cause significant harm as the interrelated and overarching principles of international watercourse management. The development of a template is undertaken because ratification of the 1997 UN watercourses convention is at hand and a template consistent with this convention may facilitate the protection of shared water resources.     

The Helsinki Rules,the UN Watercourses Convention and the Berlin Rules: Perspectives on International Water Law

Shared water resources remain the most important area without a universal treaty regulating the uses and protection of such resources. This is notwithstanding the extensive work of two scholarly non-governmental organizations, the Institute of International Law and the International Law Association, as well as the work of the International Law Commission of the United Nations. The work of those institutions resulted in some basic international water law rules, such as the Helsinki and Berlin Rules, and the United Nations Watercourses Convention. The paper analyzes those instruments, discusses the basic areas of similarities and differences among them, and examines the basic challenges facing international water law.     

Water as a Human Right: The Palestinian Occupied Territories as an Example

This paper deals with water as a human right. It examines several international agreements which refer to water as a human right to review whether these agreements are legally binding to states that signed them and/or became members to them, and whether water is considered in these instruments as a ‘human right’. These documents pertain to both branches of international law, in time of peace and in time of war. The paper then examines the ‘status of water’ in the Palestinian Territories occupied by Israel since 1967 in order to evaluate Israel's attitude towards water in these territories and whether it respected the right of the Palestinian population to their water rights.     

Sharing Rivers for Peace,Development, and Security

Abstract

Water is a finite resource, and with the considerable upsurge in population, urbanization, and industrialization, it is also becoming an increasingly scarce resource. Many countries in the world rely on river waters, and many of those rivers are shared by two or more countries. Dams on those rivers have been a major source of tensions, disputes, and, in some cases, even conflict between riparian countries because dams could result in massive diversion of river flows. Those developments have, inter alia, highlighted the relevance and importance of the principles of international water law, as reflected in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. The World Commission on Dams has also underscored the importance of, and elaborated on, those principles with regard to dams on shared rivers. This article discusses and analyzes the recommendations of the Commission in this area, and compares them with the principles of international water law as enunciated in the United Nations Convention     

A new transboundary freshwater dispute before the International Court of Justice

On 6 June 2016 Chile submitted its long-standing dispute with Bolivia concerning the Silala/Siloli watercourse to the International Court of Justice. Since 1997 Bolivia has contended that the watercourse is not international and that it therefore belongs exclusively to Bolivia. In its application, Chile requested that the court “declare that the Silala River system is in fact and in law an international watercourse whose use by Chile and Bolivia is governed by customary international law”. This case has the potential to produce a landmark decision in the international water law field since it is the first time that a dispute concerning the status of a watercourse as international has been submitted to the court. If the court finds that the Silala/Siloli is indeed an international watercourse, it will have a unique opportunity to clarify states’ substantive and procedural obligations with respect to its use.     

灌区量水方法及应用对策

介绍利用水工建筑物、流速仪、堰、槽进行量水的基本原理及各自适用条件 .从量水仪器、设施的性能、价格及灌区经济发展水平等方面 ,分析目前在灌区量水仪器、设施的开发研制方面存在的主要问题 ,以及灌区量水难以普及的主要原因 .提出应结合灌区渠道防渗工程建设 ,合理选择和建设量水设施 ,并根据灌区经济发展水平 ,分步骤研制和推广便携式或固定式量水仪器 ,最终实现灌区量水自动化的灌区量水实施方案 .     

干旱与水资源短缺相关问题探讨

为探讨干旱与水资源短缺之间的相互作用与发展规律,归纳总结干旱与水资源短缺的概念、内涵及评价指标,综述国内外关于两者间相互关系的研究进展,并展望干旱及水资源短缺的未来研究方向,以期为今后的研究提供一定的理论基础和借鉴。     

基于三峡—葛洲坝梯级出力最大的两坝间水位控制策略

基于三峡—葛洲坝梯级统一调度的思想,首先分析了三峡水库不同出库流量下两坝间水位变化对梯级水电站运行水头的影响规律,然后以三峡水库汛限水位和正常蓄水位为例,利用建立的梯级水电站发电模拟模型探讨了两坝间水位变化对梯级出力的影响。最后,通过大量模拟计算,得到三峡水库坝前水位和出库流量各种组合下的梯级最大出力及其对应的两坝间水位,据此提炼了两坝间水位的优化控制策略。     

Regulation of International Watercourses under the UN/ECE Regional Agreements

Abstract

This article deals with the UN Economic Commission for Europe (UN/ECE) regional agreements, and their use as implementing instruments for protecting and managing international water courses. The background and issues of the regional instruments developed by the UN Economic Commission for Europe are addressed. The contents of the 1992 Helsinki Convention and its implementation are described, as well as the recent development of the Protocol on Water and Health. The relationship to the 1991 Espoo Convention and a comparison with the 1997 UN Convention on the Law of International Watercourses are also included. The potential of the UN/ECE conventions as tools to promote conflict prevention and dispute settlement is discussed. Lessons and conclusions are drawn from the experience on the management of transboundary waters in Europe.     

西江马口水文站水沙演变规律分析

马口水文站是西江进入珠江三角洲网河区的一个重要控制站,位于珠江三角洲河口区西江干流水道,上游来水来沙情况对马口站水沙特性影响显著。采用马口站与上游控制站多年实测资料,通过上下游对照分析、单站分析等方法,初步探讨了西江泥沙的主要来源、年内变化、粒径变化等时空演变的规律及影响要素等,揭示了西江流域各河流控制站的水沙演变特性。     

库水位骤降时平原水库均质土坝稳定分析

在均质土坝设计中,水位骤降通常是上游边坡稳定计算时需控制的工况。本文以天津某均质土坝为例,利用有限元对坝坡进行渗流分析,分析库水位骤降对渗流场的影响,研究库水位骤降时土坝坝坡的稳定情况。通过对不同库水下降速率的坝坡稳定分析,得到坝坡稳定系数随库水位骤降速率的变化规律。