中华人民共和国政府和缅甸联邦政府关于两国边界的议定书 中华文库

The Government of the Union of Burma and the Government of the People's Republic of China.

Considering that the Burmese-Chinese Joint Boundary Committee, in pursuance of the provisions of the Boundary Treaty between Burma and China of 1 October 1960 , has successfully completed the task of surveying the boundary line between the two countries and erecting the boundary markers and has thereby clearly demarcated the boundary line between the two countries, and

Being deeply convinced that this will help further consolidate the boundary of peace and friendship between the two countries established on the basis of the Five Principles of Peaceful Coexistence,

Have, in accordance with Article X of the Boundary Treaty between Burma and China, signed the present Protocol.

PART 1 General Provisions

Article 1. - The boundary line between Burma and China, with the exception of its western extremity which is pending final determination, has been surveyed on the spot and demarcated by the two Parties in pursuance of Article VII of the Boundary Treaty between Burma and China. The alignment of the boundary line as surveyed and demarcated by the two Parties is described in more detail in the present Protocol than in the Treaty. Hereafter, the specific alignment of the boundary line between the two countries shall be as provided for in the present Protocol.

Article 2. - Wherever the boundary is to follow a watershed as stipulated in Article VII of the Boundary Treaty between Burma and China, the watershed ridge shall be the boundary line between the two countries. In a few particular sectors of the boundary, the two Parties have specifically demarcated the boundary line with due regard to the actual features of the terrain and the administrative jurisdiction of the two countries.

Article 3. - In some places of the sectors where the boundary is to follow a river course as at the time when the boundary was demarcated in the past, as stipulated in Article VII of the Boundary Treaty between Burma and China, the two Parties have specifically demarcated the boundary line, taking into account the convenience for administrative jurisdiction of the two countries together with the actual features of the terrain.

Article 4. - The boundary rivers between Burma and China having now been regarded as unnavigable rivers, the boundary shall follow the midstream line as stipulated in Article VIII of the Boundary Treaty between Burma and China. Such midstream line is determined by the average high water level of the river.

Article 5. - Islands and sand-bars in the boundary rivers situated on the Chinese side of the midstream line shall belong to China and islands and sand-bars situated on the Burmese side of the midstream line shall belong to Burma. The ownership of islands and sand-bars intersected by the midstream line has been determined through mutual consultation on the basis of fairness and reasonableness.

In case new islands and sand-bars hereafter emerge in the boundary rivers, they shall respectively belong to China or Burma according to their location in relation to the midstream line. The ownership of new islands and sand-bars intersected by the midstream line shall be determined by the two Parties through mutual consultation on the basis of fairness and reasonableness.

Article 6. - The boundary markers erected by the two Parties along the boundary line between the two countries are numbered in serial order from the High Conical Peak northwards and southwards. The High Conical Peak is the common starting point of the northern and southern sections; and the serial numbers from the High Conical Peak northwards are Nos. 1 to 47, while those southwards to the southeastern extremity at the junction of the Nam La and Lantsang (Mekong) River are Nos. 1 to 244.

Each serially numbered boundary marker may consist of one, two or three boundary markers. The principles guiding the erection of one, two or three boundary markers bearing one serial number are as follows:

(1) Wherever a boundary marker is located on the boundary line running on land, only a single boundary marker is erected.

(2) Wherever the boundary line running on land meets a boundary river which it follows or wherever the boundary line running along a boundary river leaves the river and runs onto land, either one marker may be erected on the bank where it is intersected by the boundary line or two markers bearing the same serial number may be erected, one on each bank of the river.

(3) Wherever a boundary marker is located on the boundary line which follows a river, two markers bearing the same serial number may be erected, one on each bank of the river.

(4) Wherever a boundary marker is located at the junction of a boundary river and a non-boundary river, two markers bearing the same serial number may be erected, one on each bank of the boundary river.

(5) Wherever a boundary marker is located at the junction of two boundary rivers, three markers bearing the same serial number may be erected, one on each bank of the junction of the rivers. In certain cases, however, only two markers bearing the same serial number may be erected, one on each bank of one of the boundary rivers.

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Article 42. - The Contracting Parties shall, as far as possible, prevent the boundary rivers from changing their courses. Neither Party shall purposely change the course of any boundary river.

In order to prevent the boundary rivers from changing their courses, the Contracting Parties may jointly adopt such measures as they deem necessary; either Party may also, without affecting the interests of the other Party, adopt similar measures separately in its own territory after notifying the other Party; but if the other Party suffers any loss therefrom, suitable compensation shall be made.

In case a boundary river changes its course, necessary measures shall be taken by the two Parties jointly or, after mutual consultation, by one of the Parties separately, to restore the boundary river to its original course.

In case a boundary river cannot be restored to its original course owing to natural causes, this sector of the boundary, in accordance with the provisions of Article VIII of the Boundary Treaty between Burma and China, shall remain unchanged in the absence of other agreements between the two Parties.

Article 43. - Each Contracting Party shall, according to the seriousness of each case, take action against those who wilfully remove, damage or destroy any boundary-marking objects or purposely change the course of any boundary river.

Article 44. - The Contracting Parties agree that the boundary rivers and canals between the two countries shall be used by both Parties. In case either Party in the course of putting up hydro-projects and water conservancy and irrigation works on the boundary river finds it necessary to go beyond the midstream line, it shall obtain the consent of the other Party in advance.

The use of the boundary water and the putting up of hydro-projects and water conservancy and irrigation works as mentioned above shall not change the alignment of the boundary line.

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