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Vol 21 No 11 Nov/Dec 2016

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Transboundary Water Cooperation in Europe

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ISBN13: 9789004320949
Published: May 2016
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Paperback
Price: £60.00



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In Transboundary Water Cooperation in Europe, Götz Reichert analyzes the multidimensional regime for the protection and management of European transboundary freshwater resources that is composed of international water law, the water law of the European Union, and domestic water legislation.

Accordingly, qualitative and quantitative aspects regarding surface waters and groundwater are to be managed in an integrated manner to achieve “good water status” of rivers, lakes and aquifers. To this end, “international river basin management plans” provided for by the EU Water Framework Directive are developed by international river commissions for Europe’s major transboundary river basins.

Götz Reichert analyzes the various dimensions of the regime including their legal interlinkages and considers the question of whether it is successful in achieving its ambitious goals.

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Subjects:
Public International Law
Contents:
Author Biography
A. Introduction
B. International Water Law in Europe
I. Early International Water Law in Europe: Failures, Lessons Learned and Successes
1. Early Efforts: Conflict-driven Partial Approaches
2. Paradigm Shift: Ecosystem-oriented Holistic Approach
a) The 1986 Sandoz Spill: A Wake-up Call
b) Towards Sustainability and Integrated Management
II. Current International Water Law in Europe: Structure and Elements
1. Regulatory Structure: Framework Conventions and Basin-specific Agreements
2. Substantive Elements
3. Managerial Elements
a) Information, Notification, Consultation and Negotiation
b) Institutionalized Cooperation: International River Commissions
C. EU Water Law
I. Normative Clout of EU Water Law
1. Nature of EU Water Law
2. Legislative Competences, Guiding Principles and the Subsidiarity Test
3. Legislative Procedures
4. Legislative Acts
5. Implementation and Enforcement
6. EU Participation in International Water Conventions
II. Early EU Water Law: An Ineffective Patchwork
III. Water Framework Directive (WFD)
1. Regulatory Approach
2. Substantive Elements
a) Regulatory Purposes
b) Ecological Scope
c) Environmental Objectives
(1) Good Surface Water Status
(2) Good Groundwater Status
(3) Protected Areas
(4) Legally Binding Force
(5) Exemptions
d) Surface Water Pollution
(1) Member State Measures: Combined Approach
(2) EU Measures: Priority Substances
e) Groundwater Pollution
f) Water Pricing
3. Managerial Elements
a) River Basins and River Basin Districts (RBDs)
b) Analysis and Monitoring
c) Programme of Measures
d) River Basin Management Plans (RBMPs)
e) Public Participation
f) Common Implementation Strategy (CIS)
IV. Flood Risk Directive (FRD)
1. Regulatory Approach
2. Preliminary Flood Risk Assessment
3. Flood Hazard Maps and Flood Risk Maps
4. Flood Risk Management Plans (FRMPs)
5. Public Participation and Coordination with the WFD
D. Integration of EU Water Law and International Water Law in Europe
I. The WFD’s Growing Influence on International Water Agreements in Europe
II. International River Basin Management Plans
III. International Flood Risk Management Plans
IV. Intensity of Transboundary Water Cooperation in Europe
E. Conclusion and Perspectives
Bibliography