论国际法上共同开发的概念及特征

共同开发是国际法承认的概念 ,但学术界却对此有不同的定义。作者认为应从法律和功能性两种角度对共同开发进行狭义定义 ,即它是指主权国家基于协议 ,就跨越彼此间边界线或位于争议区的共同矿藏 ,以某种合作形式进行勘探或开发的活动。共同开发具有任择性、国家主体性、客体共享性、功能性和临时性 5大法律特征

The Concept of Joint Development and Its Characteristics in International Law

Though accepted in international law, the concept of "joint development" has been variously defined. This paper holds that "joint development" should be defined in the narrower sense of the term, on both legal and functional dimensions, thus: Joint development is an activity of prospecting, development or exploitation of deposits, conducted by the sovereign states according to agreements in a certain mode of cooperation over an area straddling across the boundaries of adjacent countries or an area under dispute. Joint development is therefore typically an optional alternative, adopted by concerned entities which are the states, for sharing deposits common to them, for functional purposes and on an interim basis.