IEL/EU water regulation

Question 1

What are the main threats to freshwater resources?

Answer 1

• increased use: population growth, industrial and agriculture activities
• declining quality: as a result of anthropogenic sources of pollution
• climate change: changes in rainfall patterns

Question 2

What are the two important int. watercourse treaties? And what are some of its provisions?

Answer 2

• 1997 UN watercources convention: codifies some of the bacis principles of int. water law -principle of equitable and reasonable utilization and participation (Art. 5), no harm principle (art. 7), prevent pollution (art. 21), obligation to cooperate (art. 8)
• 1992 UNECE watercources convention (from 2013, accessible to all UN member states): prevent, control and reduce transboundary impact (art. 2), ensure reasonable and equitable use, conservation and restoration of ecosystems, precautionary principle, polluter-pays, management in line with sustainable development, cooperation

Question 3

How has the development of int. water law come about?

Answer 3

• primarily fragmented and ad hoc responses to problems that have occured with particularly rivers, lakes and freshwater ecosystems
• non-binding rules trying to identify rights and obligations of states: 1966 Helsinki rules on water resources, 2004 Berlin rules (replacing Helsinki), 2008 draft articles on transboundary aquifers
• case law shaping int. principles of int. water law: 1957 Lac Lanoux arbitration (the affected state’s interest are to be taken into concideration), 1997 Gabcikovo-Nagymaros (cooperation++), 2010 Pulp Mills (EIA prior to implementation of a project where it could have significant adverse transboundary effect++), 2012 Indus Waters Kishenganga (answered the question with a balancing norm, balacning the upstream and downstream states interests), 2015 Costa Rica v. Nicaragua (EIA before conducting a road project that had a risk of significant transboundary harm, here it was no breach)
• int. treaties: 1997 UN watercources convention and 1992 UNECE protection and use of transboundary watercources and int. lakes

Question 4

What is the main difference between the emphasis of int. water regulation and EU water regulation?

Answer 4

Int. water regulation is much about the allocation of a resource, and less about the quality, while as EU water regulation is mainly about the quality

Question 5

What is the purpose and aims of the 2000 water framework directive? And what are some of the member states’ obligations?

Answer 5

• purpose: establishes a framework for the protection of inland surfaces, transitional waters, coastal waters and groundwater (keyprovisions on groundwater and priority substances have been left to the two daugther directives, 2006 groundwater directive and 2008 priority substances directive)
• aims: adressing pollution, sustainable water use, protecting the aquatic environment, protecting groundwater and contributing to the mitigation of the effects of floods and droughts
• member states’ obligations: take measures to achieve environmental objectives (prevent deterioration, enhance and restore surface water, artificial and heavily modified water, groundwater) at the latest 15 years after 2000 - in breach if the quality falls under (different requirements for surface water (ecological status, high or good, chemical status, good), groundwater (chemical status, good, quantitative status, good) and artificial and heavily modified water (ecological potential, good, chemical status, good))

Question 6

Which situations does the 2000 water framework directive allow for derogations from the environmental objectives?

Answer 6

• force major or natural disaster situations, only temporary derogation
• if the water quality cannot reasonably be achieved within the time limits, no further derogation during the extention period
• less stringent environmental objectives can be set for water bodies that are so affected the the achievement of the environmental objectives are unfeasible (disproporionate costs in reaching environmental benefits)