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INTERNATIONALINTERNATIONAL
ENVIRONMENTAL LAWENVIRONMENTAL LAW
InlandInland waterswaters protectionprotection
AllocationAllocation DoctrinesDoctrines
Absolute territorial sovereignty (Harmon doctrine
– articulated in case of diversion of the Rio
Grande by the U.S., which adversely affected
Mexican interests)
Absolute territorial integrity
Limited territorial sovereignty (obligation not to
cause significant harm)
Equitable utilization of water resources (decisions
of ICJ and UN Watercourses Convention)
USE OF COMMON NATURALUSE OF COMMON NATURAL
RESOURCESRESOURCES
Principle of equity among coriparian states:
Upstream states have the right to use waters
Upstream states have a duty to take into
account the interests of downstream states
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ConventionConvention onon thethe InternationalInternational
CommissionCommission forfor thethe ProtectionProtection ofof thethe ElbeElbe
(Magdeburg 1990)(Magdeburg 1990)
Objectives:
- to allow the use of water from bank infiltration for
drinking water supply purposes
- agricultural use of water and sediments
- to improve conditions of ecosystems to be as close as
possible to the natural conditions with sound diversity
of species
- to reduce pollution of the North Sea by the Elbe
ConventionConvention on Coon Co--operationoperation forfor thethe ProtectionProtection
andand SustainableSustainable UseUse ofof thethe DanubeDanube RiverRiver
(Sofia 1994)(Sofia 1994)
Objectives:
- sustainable water management
- protection and rational use of surface waters and
groundwater
- reduction of hazards originating from accidents
involving hazardous substances and floods
- to reduce pollution of the Black Sea from Danube
river
Declaration on the Environment in the
Danube River Basin (1994)
• Strategic Action Plan
• Program for the Implementation of SAP (investment
activities sponzored from PHARE project)
• Environmental Program for the Danube Basin
(improvement of environmental conditions)
• Accidental Emergency Prevention and Warning System
(focused on timely warning in cases of accidents)
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Convention on the International Commission for
the Oder River Protection against Pollution
Wroclaw 1996
Objectives:
- permanent reduction of the pollution of Oder River
Baltic Sea
- to restore aquatic and related ecosystems to get close
to natural conditions with adequate diversity of species
- to allow the use of the water from bank infiltration
for the drinking water supply
- agricultural use of water and sediments
Convention on the Protection and Use of
Transboundary Watercourses and
International Lakes (Helsinki 1992)
Objective: - the protection and the rational usage of
transboundary watercourses and lakes
Obligations:
- pollution prevention and reduction
- sustainable management of water resources
- to monitor and evaluate water conditions
- information exchange
- to prepare emergency notification and warning
system
Convention on the Protection and Use of
Transboundary Watercourses and
International Lakes (Helsinki 1992)
Protocol on Water and Health (London 1999)
Protocol on Civil Liability and Compensation for Damage
Caused by the Transboundary Effects of Industrial Accidents
Kiev 2003) – not signed by the CR
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Convention on the Protection and Use of
Transboundary Watercourses and International
Lakes (Helsinki 1992)
Protocol on Water and Health (London 1999)
Objectives:
- to support human health protection and well-being by:
- improvement of the water management
- improvement of quality and quantity of drinking water
- protection of water ecosystems
ConventionConvention onon thethe ProtectionProtection andand UseUse ofof
TransboundaryTransboundary WatercoursesWatercourses andand
InternationalInternational LakesLakes ((HelsinkiHelsinki 1992)1992)
Protocol on Civil Liability and Compensation for Damage
Caused by the Transboundary Effects of Industrial Accidents
Kiev 2003) – not signed by the CR
Definitions of - industrial accident
- damage
Obligations of the operators to have financial insurance
of his activities
Polluter-pay principle
CConvention on the Law of Non-Navigational
uses of International Watercourses
(New York 1997)
Goals:
1. optimal and sustainable utilization,
2. co-operation,
3. information exchange,
4. pollution prevention
5. the protection, preservation and management of
ecosystems
6. managing emergency situations.
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CaseCase LawLaw
Lake Lanoux - States must strive to reach
agreements prior to the creation of
operation that can pose potential problems.
establisment of the principle of prior
consultation
CaseCase LawLaw
Gabcikovo – Nagymaros
1977 Agreement
1988 withdrawl from the project
(Hungary); Variant C (Slovakia)
1993 the dispute was submitted to the
ICJ