Multi-Dimensional Public Governance Arrangements for the Protection of the Transboundary Aquatic Environment in the European Union: The Changing Interplay between European and Public International Law

Abstract

This article explores the public governance arrangements applicable to the protection of the transboundary aquatic environment in the European Union. It contends that these arrangements are undergoing systemic change. The main thrust of this change is a redefinition of the relationships between the member states, the Community and international river and regional seas commissions. These commissions in practice increasingly are taking on the role of bodies that implement European policies and law, instead of bodies that develop international policies and law that are to be implemented through the law of the member states and European law. The legal structure for this development is provided by two European directives that together offer a comprehensive framework for developing more integrated approaches to managing sweet water and the marine environment in the European Union. The relevant directives are the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MFD). These directives also for the first time in the history of the European Union divide all of the territory and marine areas in which member states exercise sovereignty or jurisdiction into territorially based public governance units.