10.2 Water Quality Protection
135
of riparian states (Art. 21.2.). To that end, the Convention calls on parties to adopt
joint measures (e.g. setting joint water quality objectives), to establish techniques and
practices to address pollution from point and non-point sources, to draw up lists of
hazardous substances whose discharge must be eliminated, limited, monitored, etc.
(Art. 21.3.). The Convention also addresses the ecological repercussions of emergency situations (Art. 27.). While the Convention provides a basic framework for the
adoption of concrete measures by riparian states, it has nonetheless been criticised
for its vague language and narrow scope when it comes to environmental protection
(Giordano 2003).
Regional and basin treaties also address water quality considerations substantively. The 2000 SADC Revised Protocol repeats the relevant sections of the UN
Watercourses Convention more or less verbatim (Art. 4.2.). More precise provisions on water quality management are laid down in the numerous basin treaties
and actions plans adopted under the Revised Protocol. Some African treaties—like the 2003 Protocol for Sustainable Development of Lake Victoria Basin
31 —also
contain quite specific and measurable water quality control and improvement measures (Art. 6.). In Asia, the 1995 Mekong Basin Agreement provides an example of
a comprehensive, yet rather general approach to water quality management and environmental protection. The Agreement defines the “[protection] of the environment,
natural resources, aquatic life and conditions, and ecological balance of the Mekong
River Basin from pollution and other harmful effects” as one of the core objectives
of co-riparian cooperation (Art. 3.). The Agreement also calls for the prevention and
cessation of harmful effects jeopardising water quality, aquatic ecosystem conditions
and the ecological balance of the Mekong system (Art. 7.).
Finally, there exists a large number of bilateral treaties addressing water quality
at various levels of detail. Outside the EU the most advanced and effective such
agreements are those concluded in the US-Canada and US-Mexico relations with
regards to particular shared water bodies such as the Colorado river
32 or the Great
Lakes.
33
10.2.3 Water Quality Protection in the European Union
Water quality management and the preservation of riverine ecology take centre stage
in European Union water law and policy. As outlined earlier, the development of all
three multilateral layers of European water management—i.e. the UNECE, the EU
and basin level—has been shaped by the persistent water pollution problems of the
continent more than any other considerations (see Sect. 8.2.1). This somewhat onesided approach was vigorously reinstated in the EU context in 2000 for three further
31 Protocol for Sustainable Development of Lake Victoria Basin, Arusha, 29 November 2003.
32 International Boundary and Water Commission (IBWC), Minute No. 242, Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River, 30 August 1973.
33 Agreement on Great Lakes Water Quality, Ottawa, 22 November 1978.
135
of riparian states (Art. 21.2.). To that end, the Convention calls on parties to adopt
joint measures (e.g. setting joint water quality objectives), to establish techniques and
practices to address pollution from point and non-point sources, to draw up lists of
hazardous substances whose discharge must be eliminated, limited, monitored, etc.
(Art. 21.3.). The Convention also addresses the ecological repercussions of emergency situations (Art. 27.). While the Convention provides a basic framework for the
adoption of concrete measures by riparian states, it has nonetheless been criticised
for its vague language and narrow scope when it comes to environmental protection
(Giordano 2003).
Regional and basin treaties also address water quality considerations substantively. The 2000 SADC Revised Protocol repeats the relevant sections of the UN
Watercourses Convention more or less verbatim (Art. 4.2.). More precise provisions on water quality management are laid down in the numerous basin treaties
and actions plans adopted under the Revised Protocol. Some African treaties—like the 2003 Protocol for Sustainable Development of Lake Victoria Basin
31 —also
contain quite specific and measurable water quality control and improvement measures (Art. 6.). In Asia, the 1995 Mekong Basin Agreement provides an example of
a comprehensive, yet rather general approach to water quality management and environmental protection. The Agreement defines the “[protection] of the environment,
natural resources, aquatic life and conditions, and ecological balance of the Mekong
River Basin from pollution and other harmful effects” as one of the core objectives
of co-riparian cooperation (Art. 3.). The Agreement also calls for the prevention and
cessation of harmful effects jeopardising water quality, aquatic ecosystem conditions
and the ecological balance of the Mekong system (Art. 7.).
Finally, there exists a large number of bilateral treaties addressing water quality
at various levels of detail. Outside the EU the most advanced and effective such
agreements are those concluded in the US-Canada and US-Mexico relations with
regards to particular shared water bodies such as the Colorado river
32 or the Great
Lakes.
33
10.2.3 Water Quality Protection in the European Union
Water quality management and the preservation of riverine ecology take centre stage
in European Union water law and policy. As outlined earlier, the development of all
three multilateral layers of European water management—i.e. the UNECE, the EU
and basin level—has been shaped by the persistent water pollution problems of the
continent more than any other considerations (see Sect. 8.2.1). This somewhat onesided approach was vigorously reinstated in the EU context in 2000 for three further
31 Protocol for Sustainable Development of Lake Victoria Basin, Arusha, 29 November 2003.
32 International Boundary and Water Commission (IBWC), Minute No. 242, Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River, 30 August 1973.
33 Agreement on Great Lakes Water Quality, Ottawa, 22 November 1978.