Europe - UNEP

chapter elucidated that a survey of European
agreements relating to transboundary waters
points to the fact that a common trend towards
adopting a drainage basin approach to the
joint management of transboundary waters
exists in Europe; with the 1992 Helsinki
Convention and the EU WFD being
instrumental in influencing the development of
such an approach.
With regard to substantive rules, there
appears to be a general trend amongst
European countries to ensure that their interests
in transboundary waters are reconciled in an
equitable and reasonable manner; many
treaties recognise such an obligation, and even
go further by requiring countries to limit
transboundary impact. The definition of
‘transboundary impact’, as contained in the
1992 Helsinki Convention would appear to
place countries under a relatively high standard
when conducting economic and social activities
that may have a negative impact on
transboundary waters. Furthermore, there
appears to be an increasing movement to
adopt rules that ensure that transboundary
waters are used in a sustainable manner and
that the aquatic and terrestrial environments are
protected. Such an approach is particularly
evident in the EU WFD and its requirement that,
subject to limited exceptions, good water status
in all EU waters is achieved by 2015.
This chapter also revealed that a variety of
procedural rules and mechanisms have
emerged within international agreements. The
more established of these rules and
mechanisms include the duty to exchange
information, prior notification and consultation,
and monitoring and assessment. The chapter
has also identified emerging trends such as
public participation and compliance strategies
that seek to ensure that international
agreements are implemented in an effective
and efficient manner. Central to the success of
these measures is the establishment of joint
commissions for the management of
transboundary waters. Finally, an assessment of
practices in Europe has shown that a variety of
such commissions exist.
Fountains: Paris, France (top), photo credit: Jame McCauley Thomas;
Rome, Italy, photo credit: Keith Davis; and Belgrade, Serbia, photo
credit: Milan Vatovec.
Chapter 4. Major Trends in Conflict and Cooperation — 63