8.2 International Water Law in the European Union
85
actually laid the foundations for the eventual adoption of the Water Convention itself
(Rieu-Clarke 2015).
The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes
14 (UNECE Water Convention) was adopted in 1992
and entered into force in 1996. It has two protocols: the 1999 Protocol on Water and
Health
15 and the 2003 Protocol on Civil Liability and Compensation for Damage
Caused by the Transboundary Effects of Industrial Accidents on Transboundary
Waters
16 of which the latter is not yet in force. The Convention was amended in
2003 (effective as of 2013) to allow the accession thereto by any member states of
the United Nations outside the UNECE region (UNECE 2003).
8.2.2.2 Objectives
The Convention is based on a holistic approach towards transboundary waters. Thus,
it requires parties to consider the broader implications of transboundary waters on
human health, the environment and their economic and development policies in an
integrated fashion (Bernardini 2015). Its main objectives comprise:
– the protection of transboundary waters (both surface and groundwater) by preventing, controlling and reducing transboundary impacts, including impacts on human
health and safety, flora, fauna, soil, climate, landscape and historical monuments or
other physical structures as well as impacts on cultural heritage or socio-economic
conditions;
– the ecologically sound and rational management of transboundary waters;
– the reasonable and equitable use of transboundary waters and the prevention of
conflicts;
– conservation and restoration of ecosystems (Art. 2., 3.).
In the pursuit of these objectives the Convention explicitly recognises the legal
relevance of a number of basic environmental law principles such as the precautionary
principle, the polluter-pays-principle and the principle of sustainable management
of water resources (Art. 2.5.).
14 Convention on the Protection and Use of Transboundary Watercourses and Lakes, Helsinki, 17
March 1992.
15 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes, London, 17 June 1999.
16 Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects
of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and
Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the
Transboundary Effects of Industrial Accidents, Kiev, 21 May 2003.
85
actually laid the foundations for the eventual adoption of the Water Convention itself
(Rieu-Clarke 2015).
The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes
14 (UNECE Water Convention) was adopted in 1992
and entered into force in 1996. It has two protocols: the 1999 Protocol on Water and
Health
15 and the 2003 Protocol on Civil Liability and Compensation for Damage
Caused by the Transboundary Effects of Industrial Accidents on Transboundary
Waters
16 of which the latter is not yet in force. The Convention was amended in
2003 (effective as of 2013) to allow the accession thereto by any member states of
the United Nations outside the UNECE region (UNECE 2003).
8.2.2.2 Objectives
The Convention is based on a holistic approach towards transboundary waters. Thus,
it requires parties to consider the broader implications of transboundary waters on
human health, the environment and their economic and development policies in an
integrated fashion (Bernardini 2015). Its main objectives comprise:
– the protection of transboundary waters (both surface and groundwater) by preventing, controlling and reducing transboundary impacts, including impacts on human
health and safety, flora, fauna, soil, climate, landscape and historical monuments or
other physical structures as well as impacts on cultural heritage or socio-economic
conditions;
– the ecologically sound and rational management of transboundary waters;
– the reasonable and equitable use of transboundary waters and the prevention of
conflicts;
– conservation and restoration of ecosystems (Art. 2., 3.).
In the pursuit of these objectives the Convention explicitly recognises the legal
relevance of a number of basic environmental law principles such as the precautionary
principle, the polluter-pays-principle and the principle of sustainable management
of water resources (Art. 2.5.).
14 Convention on the Protection and Use of Transboundary Watercourses and Lakes, Helsinki, 17
March 1992.
15 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes, London, 17 June 1999.
16 Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects
of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and
Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the
Transboundary Effects of Industrial Accidents, Kiev, 21 May 2003.