8.2 International Water Law in the European Union
93
commentators the Commission has not proved as successful as the ICPR for the
Rhine, mainly because of the lack of competence to establish decisive programmes
of measures (Van Rijswick et al. 2010).
8.2.4 Bilateral Cooperation Agreements
8.2.4.1 Typology and Distribution
Bilateral water treaties provide the most important operational framework for daily
cross-border water cooperation, complementing and adjusting the (occasionally)
somewhat vague principles and requirements of general international water law and
basin treaties (Boisson de Chazournes 2013).
Most cooperation agreements under basin or sub-basin level have been adopted
in the form of so-called frontier or boundary water treaties regulating transboundary
issues between two particular basin states. These treaties have no uniform content,
format, structure, etc. Often they do not even constitute stand-along legal instruments as they are embedded into general frontier treaties. Early examples of post
Word Water II frontier water treaties—such as the 1956 Austria-Hungary frontier
water treaty
32 or the 1964 Soviet Union-Poland agreement
33 —applied only to the
actual border-creating river or lake, and to water bodies situated in a narrow stretch
beyond the borders (Raisz and Szilágyi 2017). Typically, these agreements constrained riparians’ rights to unilateral interventions (mainly hydraulic structures) in
the relevant zones, often establishing a co-authorisation procedure. Usually, frontier water treaties also call for cooperation on flood protection, joint monitoring,
exchange of information and establish formalised cooperation bodies (frontier water
committees). They, however, often fail to address transboundary water management
in a comprehensive manner.
Beyond the agreements covering all (or most) joint water bodies, there exists a
number of bilateral treaties covering just a single water body
34 or a particular water
issue
35 or development project.
36 Several bilateral treaties involve (or sometimes
exclusively concluded between) the constituent units of different federal countries
32 Treaty between the Hungarian People’s Republic and the Republic of Austria Concerning the
Regulation of Water Economy Questions in the Frontier Region, Vienna, 9 April 1956.
33 Agreement between the Government of the Polish People’s Republic and the Government of the
Union of the Soviet Socialist Republics Concerning the Use of the Water Resources in Frontier
Waters, Warsaw, 17 July 1964.
34 E.g. the Convention between the Swiss Federal Council and the Government of the French Republic on the Protection of Geneva Lake Against Pollution, 16 November 1962.
35 E.g. the Agreement between France and Switzerland concerning the Intervention of Bodies in
charge Fighting against Accidental Water Pollution by Hydrocarbons or Other Substances Capable
of Altering the Water, Geneva, 17 December 1977.
36 Treaty between Czechoslovakia and Hungary concerning the construction and operation of the
Gabˇ cíkovo- Nagymaros System of Locks, Budapest, 16 September 1977.
93
commentators the Commission has not proved as successful as the ICPR for the
Rhine, mainly because of the lack of competence to establish decisive programmes
of measures (Van Rijswick et al. 2010).
8.2.4 Bilateral Cooperation Agreements
8.2.4.1 Typology and Distribution
Bilateral water treaties provide the most important operational framework for daily
cross-border water cooperation, complementing and adjusting the (occasionally)
somewhat vague principles and requirements of general international water law and
basin treaties (Boisson de Chazournes 2013).
Most cooperation agreements under basin or sub-basin level have been adopted
in the form of so-called frontier or boundary water treaties regulating transboundary
issues between two particular basin states. These treaties have no uniform content,
format, structure, etc. Often they do not even constitute stand-along legal instruments as they are embedded into general frontier treaties. Early examples of post
Word Water II frontier water treaties—such as the 1956 Austria-Hungary frontier
water treaty
32 or the 1964 Soviet Union-Poland agreement
33 —applied only to the
actual border-creating river or lake, and to water bodies situated in a narrow stretch
beyond the borders (Raisz and Szilágyi 2017). Typically, these agreements constrained riparians’ rights to unilateral interventions (mainly hydraulic structures) in
the relevant zones, often establishing a co-authorisation procedure. Usually, frontier water treaties also call for cooperation on flood protection, joint monitoring,
exchange of information and establish formalised cooperation bodies (frontier water
committees). They, however, often fail to address transboundary water management
in a comprehensive manner.
Beyond the agreements covering all (or most) joint water bodies, there exists a
number of bilateral treaties covering just a single water body
34 or a particular water
issue
35 or development project.
36 Several bilateral treaties involve (or sometimes
exclusively concluded between) the constituent units of different federal countries
32 Treaty between the Hungarian People’s Republic and the Republic of Austria Concerning the
Regulation of Water Economy Questions in the Frontier Region, Vienna, 9 April 1956.
33 Agreement between the Government of the Polish People’s Republic and the Government of the
Union of the Soviet Socialist Republics Concerning the Use of the Water Resources in Frontier
Waters, Warsaw, 17 July 1964.
34 E.g. the Convention between the Swiss Federal Council and the Government of the French Republic on the Protection of Geneva Lake Against Pollution, 16 November 1962.
35 E.g. the Agreement between France and Switzerland concerning the Intervention of Bodies in
charge Fighting against Accidental Water Pollution by Hydrocarbons or Other Substances Capable
of Altering the Water, Geneva, 17 December 1977.
36 Treaty between Czechoslovakia and Hungary concerning the construction and operation of the
Gabˇ cíkovo- Nagymaros System of Locks, Budapest, 16 September 1977.