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中国与哈萨克斯坦间跨界河流流域范围广,涉及人口众多,流域内双方社会经济发展水平不同,上下游生态环境也存在较大差异,双方对跨界水资源潜在使用需求量与日俱增。中哈跨界河流开发利用问题产生的根源是利益博弈。本文运用国际水法理论对双方开发利用权利、分水规则、双方关切及公平合理利用原则的适用进行分析,着重关注中哈双方目前的开发利用行为应得到怎样的国际法解释、对国际法原则的践行方式应当怎样根据本国实际做出理性选择和让步,而后提出水资源合作框架建议。
There is a wide range of cross-border river basins between China and Kazakhstan, involving a large population, different socio-economic development levels in both sides of the river basin, and great differences in ecological environment between the upper and lower reaches. The potential demand for cross-border water resources is increasing with each passing day. The root cause of the development and utilization of the cross-border rivers in China and Kazakhstan is the interest game. This article uses the international water law theory to analyze the application of the principle of exploitation and utilization of water resources, the rules of water diversion, the concerns of both parties and the principle of fair and equitable utilization, focusing on what kind of interpretation of international law should be made by the current development and utilization of both China and Kazakhstan. How to make rational choices and concessions according to the actual conditions of their own countries and then put forward suggestions on water resources cooperation framework.