Recognition that hydropower plays a role in fostering sustainable development and helping countries move away from fossil fuels has led to a resurgence of planned projects on transboundary rivers around the world. Whilst these projects offer clear benefits, they are not without their socio-ecological impacts. An added feature of hydropower projects is that they tend to involve a wide range of actors that are responsible for their financing, planning, construction and operation (international and domestic; private and State). This begs the question, if it is ultimately the responsibility of States to ensure that these projects are in accordance with international law obligations, what does that responsibility entail when much of the activity is conducted by private companies? International law has a long tradition of placing States under an obligation to regulate the conduct of non-State activities so as to prevent transboundary harm. However, a closer review of the law relating to transboundary hydropower projects reveals that more could be done to guide States as to the appropriate measures that they might put in place to ensure that any hydropower projects involving private actors are implemented in an equitable and sustainable manner.

中文翻译：

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采取适当措施防止重大跨界损害和私营公司的责任：跨界水电项目的见解

认识到水电在促进可持续发展和帮助各国摆脱化石燃料方面发挥着重要作用，这导致世界各地跨界河流的计划项目重新兴起。虽然这些项目提供了明显的好处，但它们并非没有社会生态影响。水电项目的另一个特点是，它们往往涉及负责融资、规划、建设和运营（国际和国内；私人和国家）的广泛参与者。这就引出了一个问题，如果确保这些项目符合国际法义务最终是各国的责任，当大部分活动由私营公司进行时，这种责任意味着什么？国际法长期以来一直规定国家有义务规范非国家活动的行为，以防止跨界损害。然而，对有关跨界水电项目的法律进行更仔细的审查表明，可以做更多的工作来指导各国采取适当措施，以确保以公平和可持续的方式实施任何涉及私人参与者的水电项目.