文章基本信息

标题：Transboundary river basin management in Europe Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods
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作者：Andrea M. Keessen ; Jasper J.H. van Kempen ; Helena F.M.W. van Rijswick 等
期刊名称：Utrecht Law Review
电子版ISSN：1871-515X
出版年度：2008
卷号：4
期号：3
页码：35-56
DOI：10.18352/ulr.83
出版社：Igitur, Utrecht Publishing and Archiving Services
摘要：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.
关键词：water law; Water Framework Directive; transboundary cooperation; transboundary compensation; river basin management; transboundary water pollution