10.2 Water Quality Protection
139
balanced approach towards water resources management, quality and ecological
considerations are far less prominent than in the case of the above basin treaties. Thus,
the prevention of water pollution stands on equal footing with other water management tasks such as flood prevention, utilisation of waters of the basin, extraordinary
impacts on the water regime, etc. (Art. 4.1.f), Annex I).
10.2.3.4 Bilateral Water Treaties
Cooperation over water quality has been a standard feature of general bilateral water
treaties adopted since World War II in Europe. Importantly, water pollution questions were not only covered by agreements concluded between western European
nations, but also by those under Communist rule (e.g. the 1955 Romanian-Yugoslav,
the 1956 Austrian-Hungarian, the 1958 Czechoslovak-Polish or the 1967 AustrianCzechoslovak frontier water treaties all address transboundary pollution) (Giordano
2003).
Among the relevant contemporary bilateral water treaties the Albufeira Convention deserves special attention as it lays down not only the water quality objectives
of transboundary cooperation, but also defines precisely the types of measures parties are required to undertake to improve water quality under normal conditions as
well as in the case of pollution incidents (Art. 4.1., 10., 13., 17.). On the other end
of the spectrum lie those European bilateral treaties that address quality considerations only superficially. These include some of the early frontier treaties, many
of which are still intact after several decades. A more recent example is the 2009
Finnish-Swedish frontier water agreement
35 which exhausts the subject by requiring
the parties to cooperate in the formulation of their national water quality objectives
(Art. 5.).
In must be pointed out, however, that EU member states remain bound by the
robust ecological programme laid down by EU water law in their bilateral relations,
even if their respective agreements address pollution control or riverine ecology only
superficially. Therefore, the occasional absence of explicit ecological requirements
at the lowest level of transboundary water governance has very limited practical
implications on the actual quality of shared waters.
10.2.4 Evaluation
International water law and policy has witnessed a notable shift towards ecological
issues in the past decades. It is, however, the European Union where such environmental consciousness has gone furthest both in terms of regulatory rigour and policy
complexity. This is clearly illustrated by the dominance of ecological considerations
35 Agreement between Finland and Sweden Concerning Transboundary Rivers, Stockholm, 11
November 2009.
139
balanced approach towards water resources management, quality and ecological
considerations are far less prominent than in the case of the above basin treaties. Thus,
the prevention of water pollution stands on equal footing with other water management tasks such as flood prevention, utilisation of waters of the basin, extraordinary
impacts on the water regime, etc. (Art. 4.1.f), Annex I).
10.2.3.4 Bilateral Water Treaties
Cooperation over water quality has been a standard feature of general bilateral water
treaties adopted since World War II in Europe. Importantly, water pollution questions were not only covered by agreements concluded between western European
nations, but also by those under Communist rule (e.g. the 1955 Romanian-Yugoslav,
the 1956 Austrian-Hungarian, the 1958 Czechoslovak-Polish or the 1967 AustrianCzechoslovak frontier water treaties all address transboundary pollution) (Giordano
2003).
Among the relevant contemporary bilateral water treaties the Albufeira Convention deserves special attention as it lays down not only the water quality objectives
of transboundary cooperation, but also defines precisely the types of measures parties are required to undertake to improve water quality under normal conditions as
well as in the case of pollution incidents (Art. 4.1., 10., 13., 17.). On the other end
of the spectrum lie those European bilateral treaties that address quality considerations only superficially. These include some of the early frontier treaties, many
of which are still intact after several decades. A more recent example is the 2009
Finnish-Swedish frontier water agreement
35 which exhausts the subject by requiring
the parties to cooperate in the formulation of their national water quality objectives
(Art. 5.).
In must be pointed out, however, that EU member states remain bound by the
robust ecological programme laid down by EU water law in their bilateral relations,
even if their respective agreements address pollution control or riverine ecology only
superficially. Therefore, the occasional absence of explicit ecological requirements
at the lowest level of transboundary water governance has very limited practical
implications on the actual quality of shared waters.
10.2.4 Evaluation
International water law and policy has witnessed a notable shift towards ecological
issues in the past decades. It is, however, the European Union where such environmental consciousness has gone furthest both in terms of regulatory rigour and policy
complexity. This is clearly illustrated by the dominance of ecological considerations
35 Agreement between Finland and Sweden Concerning Transboundary Rivers, Stockholm, 11
November 2009.