Abstract
This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and water law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Marcio Albuquerque Nobre,1 in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on water law in the Netherlands by Willemijn van Doorn-Hoekveld and, of course, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Besides the papers that are part of this third part of the special issue of Utrecht Law Review also the paper by Peter De Smedt ‘Towards a New Policy for Climate Adaptive Water Management in Flanders: the Concept of Signal Areas’ relates strongly to the issue of compensation in water management.2 Compensation in water law and in nature compensation law are strongly interwoven, as many Natura 2000 sites are established in or in the vicinity of rivers, lakes, or the sea or are strongly dependent on sufficient and clean groundwater. It becomes clear from the case studies that are discussed in the papers and which were discussed during the conference that a great deal of case law refers to Natura 2000 sites that also fall under the regime of – for example – the Water Framework Directive. See, for example, the case studies discussed by Nobre concerning the Alqueva Dam Project and Lakeside City, by Makowiak on the Gironde and the Low Garonne, by Zijlmans and Woldendorp concerning the IJburg
Highlights
This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and water law
Compensation in water law and in nature compensation law are strongly interwoven, as many Natura 2000 sites are established in or in the vicinity of rivers, lakes, or the sea or are strongly dependent on sufficient and clean groundwater. It becomes clear from the case studies that are discussed in the papers and which were discussed during the conference that a great deal of case law refers to Natura 2000 sites that fall under the regime of – for example – the Water Framework Directive
To improve the ecological status of waters it may be necessary to create naturefriendly river banks, or to build or adjust fish ladders. In cases where these measures harm the property of citizens, it may be appropriate to compensate this damage, by means of financial measures, or by taking compensatory measures
Summary
This comparative article is an introduction to seven articles and national reports on compensation and compensatory measures in the field of nature conservation and water law. The papers that will be compared and discussed in this introduction deal with compensation regimes in France (Natura 2000), written by Jessica Makowiak, in the Czech Republic (Natura 2000 and Water), written by Petra Humlickova, in Portugal (Natura 2000 and Water) written by Márcio Albuquerque Nobre,[1] in the Belgium/Flanders Region (Natura 2000) written by Hendrik Schoukens and An Cliquet, in the Netherlands (Natura 2000) written by Jacqueline Zijlmans and Hans Woldendorp, and on water law in the Netherlands by Willemijn van Doorn-Hoekveld and, in the European regime (Natura 2000) as discussed by Geert Van Hoorick. Most papers relate to compensation and Natura 2000 and they will be discussed and compared in more detail below (Section 3)
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