At a Glance: The Scotland Act 1998 established a new Scottish Parliament, with powers to legislate in the environment and implement relevant EU law. This enabled much-needed reform to many areas of Scots law neglected by Westminster, with significant work in water law, both water resources and water services. Institutional differences and some policy divergence are also evident in other areas, but there is also ongoing collaboration at a technical level. The impacts of Brexit may see more rapid and substantial differences in future.
In: Hendry , S & Reeves , A 2012 , ' The regulation of diffuse pollution in the European Union : science, governance and water resource management ' International Journal of Rural Law and Policy , vol n/a , n/a .
Reducing diffuse pollution is a perpetuating problem for environmental regulators. This paper will consider novel ways to regulate its impacts on the aquatic environment, with particular reference to rural landuse. It will look at the relationship between science, policy and law, and the contributions of integrated water resources management and governance at regional, national and river basin scales. Regulatory frameworks for water in the European Union will be explored, along with their implementation nationally in Scotland and at catchment scale in the Tweed river basin. It will conclude that regulation has a role to play, but that it is necessary to take a visionary holistic and integrated approach, nesting regulation within a governance framework that involves all stakeholders and takes full account of developing science and socio-economic drivers to meet environmental objectives.
Reducing diffuse pollution is a perpetuating problem for environmental regulators. This paper will consider novel ways to regulate its impacts on the aquatic environment, with particular reference to rural landuse. It will look at the relationship between science, policy and law, and the contributions of integrated water resources management and governance at regional, national and river basin scales. Regulatory frameworks for water in the European Union will be explored, along with their implementation nationally in Scotland and at catchment scale in the Tweed river basin. It will conclude that regulation has a role to play, but that it is necessary to take a visionary holistic and integrated approach, nesting regulation within a governance framework that involves all stakeholders and takes full account of developing science and socio-economic drivers to meet environmental objectives.
Introduction / Andrew Alan, Sarah Hendry and Alistair Rieu-Clarke -- Customary water rights and legal pluralism / Barbara van Koppen -- A comparative analysis of the public trust doctrine for managing water in the United States and India / Melissa K. Scanlan -- Water rights and permitting : a South African approach / Michael Kidd -- The EU approach for integrated water resource management : transposing the EU water framework directive within a national context : key insights from experience / Marleen van Rijswick and Andrea Keessen -- Water markets / Michael Hantke-Domas -- Water pollution and water quality : shifting regulatory paradigms / William Howarth -- Contaminants of emerging concern / Sarah Hendry -- The human right to water / Inga T. Winkler -- Governance and regulation of water and sanitation services provision / Richard Franceys and Paul Hutchings -- Legal aspects of flood management / Andrew Allan -- Water allocation and management during drought / A. Dan Tarlock -- Stakeholder engagement for inclusive water governance / Aziza Akhmouch and Delphine Clavreul -- Monitoring and enforcement : the United States Clean Water Act model / LeRoy C. Paddock and Laura C. Mulherin -- The treaty architecture for the governance of transboundary aquifers, lakes and rivers / Alistair Rieu-Clarke -- The evolution of international law relating to transboundary waters / Stephen C. McCaffrey -- International law and transboundary aquifers / Gabriel E. Eckstein -- Substantive rules of international water law / Owen McIntyre -- The significance of the duty to cooperate for transboundary water resources management under international water law / Christina Leb -- Join institutional arrangements for governing shared water resources : a comparative analysis of state practice / Susanne Schmeier -- Strengthening the implementation of transboundary water agreements : insights from UNECE Water Convention Implementation Committee / Nataliya Nikiforova -- The role of non-state actors in the development and implementation of International water law / Komlan Sangbana -- Hydro-hegemons and International water law / Rebecca L. Farnum, Stephanie Hawdins and Mia Tamarin -- Water resources and International investment law / Ana Maria Daza-Clark -- Water justice : understanding the philosophical underpinning of decision-making in the context of International water governance / Marian J. Neal (Patrick) and Peter S. Wenz -- Adaptive water governance : a theoretical approach reflected in the Mauri and Desaguadero River Basin adaptation plan / Juan Carlos Sanchez amirez, Paula Pacheco Mollinedo and Natalia Agilar Porras -- A brief history of global water governance / Joshua Newton -- The sustainable development goals in relation to water management : what role for legal frameworks? / Anna Schulz -- Waterr security as an evolving paradigm : local, national, regional and global considerations / Bjorn-Oliver Magsig -- Conclusions / Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke
In: Carvalho , L , Mackay , E B , Cardoso , A C , Baattrup-Pedersen , A , Birk , S , Blackstock , K L , Borics , G , Borja , A , Feld , C K , Ferreira , M T , Globevnik , L , Grizzetti , B , Hendry , S , Hering , D , Kelly , M , Langaas , S , Meissner , K , Panagopoulos , Y , Penning , E , Rouillard , J , Sabater , S , Schmedtje , U , Spears , B M , Venohr , M , van de Bund , W & Solheim , A L 2019 , ' Protecting and restoring Europe's waters: an analysis of the future development needs of the Water Framework Directive ' , Science of the Total Environment , vol. 658 , pp. 1228-1238 . https://doi.org/10.1016/j.scitotenv.2018.12.255
The Water Framework Directive (WFD) is a pioneering piece of legislation that aims to protect and enhance aquatic ecosystems and promote sustainable water use across Europe. There is growing concern that the objective of good status, or higher, in all EU waters by 2027 is a long way from being achieved in many countries. Through questionnaire analysis of almost 100 experts, we provide recommendations to enhance WFD monitoring and assessment systems, improve programmes of measures and further integrate with other sectoral policies. Our analysis highlights that there is great potential to enhance assessment schemes through strategic design of monitoring networks and innovation, such as earth observation. New diagnostic tools that use existing WFD monitoring data, but incorporate novel statistical and trait-based approaches could be used more widely to diagnose the cause of deterioration under conditions of multiple pressures and deliver a hierarchy of solutions for more evidence-driven decisions in river basin management. There is also a growing recognition that measures undertaken in river basin management should deliver multiple benefits across sectors, such as reduced flood risk, and there needs to be robust demonstration studies that evaluate these. Continued efforts in 'mainstreaming' water policy into other policy sectors is clearly needed to deliver wider success with WFD goals, particularly with agricultural policy. Other key policy areas where a need for stronger integration with water policy was recognised included urban planning (waste water treatment), flooding, climate and energy (hydropower). Having a deadline for attaining the policy objective of good status is important, but even more essential is to have a permanent framework for river basin management that addresses the delays in implementation of measures. This requires a long-term perspective, far beyond the current deadline of 2027.
The Water Framework Directive (WFD) is a pioneering piece of legislation that aims to protect and enhance aquatic ecosystems and promote sustainable water use across Europe. There is growing concern that the objective of good status, or higher, in all EU waters by 2027 is a long way from being achieved in many countries. Through questionnaire analysis of almost 100 experts, we provide recommendations to enhance WFD monitoring and assessment systems, improve programmes of measures and further integrate with other sectoral policies. Our analysis highlights that there is great potential to enhance assessment schemes through strategic design of monitoring networks and innovation, such as earth observation. New diagnostic tools that use existing WFD monitoring data, but incorporate novel statistical and trait-based approaches could be used more widely to diagnose the cause of deterioration under conditions of multiple pressures and deliver a hierarchy of solutions for more evidence-driven decisions in river basin management. There is also a growing recognition that measures undertaken in river basin management should deliver multiple benefits across sectors, such as reduced flood risk, and there needs to be robust demonstration studies that evaluate these. Continued efforts in 'mainstreaming' water policy into other policy sectors is clearly needed to deliver wider success with WFD goals, particularly with agricultural policy. Other key policy areas where a need for stronger integration with water policy was recognised included urban planning (waste water treatment), flooding, climate and energy (hydropower). Having a deadline for attaining the policy objective of good status is important, but even more essential is to have a permanent framework for river basin management that addresses the delays in implementation of measures. This requires a long-term perspective, far beyond the current deadline of 2027.
The Water Framework Directive (WFD) is a pioneering piece of legislation that aims to protect and enhance aquatic ecosystems and promote sustainable water use across Europe. There is growing concern that the objective of good status, or higher, in all EU waters by 2027 is a long way from being achieved in many countries. Through questionnaire analysis of almost 100 experts, we provide recommendations to enhance WFD monitoring and assessment systems, improve programmes of measures and further integrate with other sectoral policies. Our analysis highlights that there is great potential to enhance assessment schemes through strategic design of monitoring networks and innovation, such as earth observation. New diagnostic tools that use existing WFD monitoring data, but incorporate novel statistical and trait-based approaches could be used more widely to diagnose the cause of deterioration under conditions of multiple pressures and deliver a hierarchy of solutions for more evidence-driven decisions in river basin management. There is also a growing recognition that measures undertaken in river basin management should deliver multiple benefits across sectors, such as reduced flood risk, and there needs to be robust demonstration studies that evaluate these. Continued efforts in 'mainstreaming' water policy into other policy sectors is clearly needed to deliver wider success with WFD goals, particularly with agricultural policy. Other key policy areas where a need for stronger integration with water policy was recognised included urban planning (waste water treatment), flooding, climate and energy (hydropower). Having a deadline for attaining the policy objective of good status is important, but even more essential is to have a permanent framework for river basin management that addresses the delays in implementation of measures. This requires a long-term perspective, far beyond the current deadline of 2027 ; This work was supported by the MARS project (Managing Aquatic ecosystems and water Resources under multiple ...