Table of Contents

Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law

Edited by Michael Faure

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Chapter I.43: Integrated water law and climate change: an EU perspective

Marleen van Rijswick and Andrea Keessen

Subjects: environment, environmental law, law - academic, environmental law

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Abstract

Climate change exacerbates the challenges that water management has to deal with. This highlights the need for a legal framework that promotes adaptation by addressing the ecological value of water and the risks of flooding and drought. This chapter analyses to what extent the European legal framework meets this need and builds resilience. This chapter uses five criteria to measure this: (1) multilevel governance at the bioregional scale, (2) openness, public participation and access to court, (3) flexibility, (4) adaptiveness of rules and (5) effectiveness. These criteria are partly met. Strengths are the river basin approach and the flexible, multilevel, cyclical and open governance process. Unfortunately, the lack of attention to goal achievement and the differences in approach between Member States detract from the effectiveness of the EU legal framework.

Abstract

Climate change exacerbates the challenges that water management has to deal with. This highlights the need for a legal framework that promotes adaptation by addressing the ecological value of water and the risks of flooding and drought. This chapter analyses to what extent the European legal framework meets this need and builds resilience. This chapter uses five criteria to measure this: (1) multilevel governance at the bioregional scale, (2) openness, public participation and access to court, (3) flexibility, (4) adaptiveness of rules and (5) effectiveness. These criteria are partly met. Strengths are the river basin approach and the flexible, multilevel, cyclical and open governance process. Unfortunately, the lack of attention to goal achievement and the differences in approach between Member States detract from the effectiveness of the EU legal framework.

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