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跨界水争端是指因跨境河流划界、航行、开发利用、水分配、保护和管理等方面引发的国家之间的争端。第三方介入跨境水争端是和平解决争端方法在涉水领域的具体应用与发展。第三方是法律方法和政治方法的综合体,是和平解决争端重要的补充方法,它具有调查权、处置权、决定权和建议权,其所拥有的权利是建立在争端方同意授权基础之上的。无疑,这些特点使其成为跨界水争端解决中较为活跃的、应用广泛的机制。常设国际法院、国际法院和非政府组织是跨界水争端第三方的突出代表,它们在跨界水争端解决实践中发挥重要了作用,相应地也存在某些局限性。全面认识第三方相关的实践及其作用,这对我国今后解决跨界水争端带来了有益的启发。
Cross-border water disputes refer to disputes among countries that arise as a result of demarcation of cross-border rivers, navigation, development and utilization, water distribution, protection and management. The third party involved in cross-border water dispute is the concrete application and development of the method of peaceful settlement of disputes in the field of water wars. The third party is a combination of legal methods and political methods. It is an important supplementary method for the peaceful settlement of disputes. It has the right of investigation, disposition, determination and suggestion. The third party has the right to establish on the basis of the consent of the parties to the dispute of. Undoubtedly, these characteristics make it a more active and widely used mechanism in the settlement of transboundary water disputes. The Permanent Courts of International Justice, the International Court of Justice and non-governmental organizations are prominent representatives of third parties to the transboundary water dispute, which play an important role in the practice of the settlement of transboundary water disputes and have corresponding limitations as well. A comprehensive understanding of the relevant third-party practice and its role is a useful inspiration for our country’s future resolution of the cross-boundary water dispute.