Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods
Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation create...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2008-12-01
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| Series: | Utrecht Law Review |
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| Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.83/ |
| _version_ | 1819100132572921856 |
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| author | Andrea M. Keessen Jasper J.H. van Kempen Helena F.M.W. van Rijswick |
| author_facet | Andrea M. Keessen Jasper J.H. van Kempen Helena F.M.W. van Rijswick |
| author_sort | Andrea M. Keessen |
| collection | DOAJ |
| description | Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly) originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court. |
| first_indexed | 2024-12-22T00:57:55Z |
| format | Article |
| id | doaj.art-b3fbdf58632b4824b5848b825db831d9 |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-12-22T00:57:55Z |
| publishDate | 2008-12-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-b3fbdf58632b4824b5848b825db831d92022-12-21T18:44:16ZengUtrecht University School of LawUtrecht Law Review1871-515X2008-12-0143355610.18352/ulr.8383Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floodsAndrea M. KeessenJasper J.H. van KempenHelena F.M.W. van RijswickAlthough modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly) originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court.http://www.utrechtlawreview.org/articles/10.18352/ulr.83/water lawWater Framework Directivetransboundary cooperationtransboundary compensationriver basin managementtransboundary water pollution |
| spellingShingle | Andrea M. Keessen Jasper J.H. van Kempen Helena F.M.W. van Rijswick Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods Utrecht Law Review water law Water Framework Directive transboundary cooperation transboundary compensation river basin management transboundary water pollution |
| title | Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods |
| title_full | Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods |
| title_fullStr | Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods |
| title_full_unstemmed | Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods |
| title_short | Transboundary river basin management in Europe<br> Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods |
| title_sort | transboundary river basin management in europe lt br gt legal instruments to comply with european water management obligations in case of transboundary water pollution and floods |
| topic | water law Water Framework Directive transboundary cooperation transboundary compensation river basin management transboundary water pollution |
| url | http://www.utrechtlawreview.org/articles/10.18352/ulr.83/ |
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