Water Resource Management and the Law
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Water Resource Management and the Law

Edited by Erkki J. Hollo

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.
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Chapter 14: Does it take three to tango? The practitioner’s viewpoint to three EU governance instruments addressing the agricultural runoff dilemma

Tiina Paloniitty

Abstract

The EU has had a multi-faceted approach in addressing agricultural runoff, specifically when relating to the eutrophication of the Baltic Sea. Here three EU policies and instruments - the Common Agricultural Policy (the ‘CAP’), the Water Framework Directive (the ‘WFD’) and the EU Strategy for the Baltic Sea Region (the ‘SBSR’) - are examined within the framework of the legal system of Finland with the aim of scrutinizing the practical, legal and normative ramifications of these governance tools. It is suggested that even when the SBSR has agricultural runoff as its ratio moderatio, its implications at the practical level are limited. The ‘post-Weserian’ normativity of the WFD ought to result in legally binding water quality standards for individual undertakings but the procedural question lingers: as long as the agricultural emissions are not within the scope of any environmental permitting procedure, implementing the norm may require further modifications of the administrative procedures. Keywords: Chapter 14 (Paloniitty): Water Framework Directive, agricultural runoff, Common Agricultural Policy (CAP), land-based water pollution, environmental permitting, greening agriculture.

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