Improving Joint Operation System of Reservoir Groups in the Yangtze River Basin: A Legal Discussion

As China’s largest river basin, the Yangtze River Basin has the most mega reservoir groups worldwide. To protect the entire basin, the Central Government developed a system of joint operations of key reservoir groups in the Yangtze River Basin. This paper examines this joint operation system from a legal perspective and discusses its implementation as well as the challenges in practice. The following issues impede the effective implementation of the joint operation system: a lacking legal basis for the system, limitations related to the organizations that participate in the joint operations, limitations on the scope and objects of the joint operation system, and a lacking systematic structure for operation. This paper offers suggestions to improve the system

Local-Regional Governance Approaches for more Effective TBA Management

Worldwide countries face challenges to restore and preserve water resources in accordance with UN Sustainable Development Goal (SDG) 6. These challenges relate to the ecological, hydrological and hydrogeological domain, societal and policy context, and the role of legal frameworks. Transboundary aquifers (TBAs) and dependent ecosystems present yet another challenge in attaining SDG 6 due to issues related to a lack of coherence of legal and policy frameworks between neighbouring countries. In Europe, the Water Framework Directive (WFD, 2000/60/EC) offers an overarching framework to secure Europe’s waters for future generations. As it uses a river basin approach, it holds a strong potential for effective transboundary management. The requirements set in the WFD regarding international cooperation show a strong resemblance to the target set for transboundary water management in SDG 6. Although the European Commission flagged the WFD as effective in terms of cooperation (2019), water quality improvement seems to have been impeded to date. The studies conducted so far often focus on effectiveness at the scale of river basins. Here, we have studied how governance approaches at the local-regional level support the attainment of water quality ambitions, using scientific literature and empirical material on water quality governance approaches in the Netherlands. Because of the hydrogeological nature of the Netherlands, substantial parts of the country’s aquifers are transboundary. Several of the cases studied are directly influenced by transboundary challenges. In general, our analysis identifies five areas for improvement of water quality governance approaches that are relevant and should be considered in the context of transboundary aquifers. These areas for improvement affect policy responses to drivers, pressures and the state of river basins and related aquifers. This means that the linkages between governance approaches, water system characteristics and the driving forces from other sectors that lead to water quality improvement are much more complex than described in the literature so far and require a joint approach from different sectors and knowledge domains, e.g. hydrology, ecology, law, sociology and economy

A framework for reviewing laws and policies for climate resilience – The case of the Vietnamese Mekong Delta

This article proposes a framework for reviewing to what extent laws and policies of a legal system support climate resilience. This article adopts the social-ecological system (SES) resilience theory and translates its core features into an operational framework which consists of four legal dimensions crucial for promoting climate resilience – adaptiveness of law, distributive justice, broad participation, and cross-scale interactions, and further identifies several indicators below each dimension. Then this article operationalizes the four legal dimensions via reviewing current Vietnamese climate adaptation laws and policies to assess to what extent they promote a climate-resilient Vietnamese Mekong Delta (VMD). While various barriers can be found in the current legal framework and policies which impede climate resilience, the latest National Climate Change Adaptation Plan demonstrates great improvement in facilitating climate resilience in a just, participatory and coordinated manner

Adaptation to Climate Change in Dutch Flood Risk Management: Innovative Approaches and Related Challenges

Climate adaptation and water management, in particular flood risk management (FRM), in the Netherlands are strongly integrated policy domains. The observed and expected effects of climate change in the Netherlands will create a variety of pressures, particularly in relation to sea-level rise, increasing river discharges and changing precipitation patterns. Effective FRM is therefore stressed as a critical precondition for any future development and living in the Netherlands, both on the short and longer term. Partly influenced by the adoption of the European Floods Directive in 2007, the urgent need for climate adaptation is driving major developments in Dutch FRM, the most striking of which is the diversification and a partial shift in flood risk management strategies (FRMSs). This is best reflected in the adoption of the Dutch Delta Program as a basis for the development of long-term strategies for both flood and drought risk management, which inter alia initiated the development of the policy concept of ‘multi-layered safety’ and the adoption of a risk-based approach under the development of Dutch FRM. Whereas the focus in the Netherlands until recently was mainly and successfully on minimizing the probability of flooding (‘the fight against water’) and preparedness in case of a flood threat, in the course of time other strategies aimed at mitigating the effects of potential floods have gained a more prominent position (‘living with water’). As a result, FRM measures increasingly demand more space and more diverse actors became involved in Dutch FRM. This has increased complexity and fragmentation in the responsibilities for Dutch FRM, which resulted in an increasing need for communication, coordination and collaboration between different public and private actors in order to secure the effectiveness of FRM. These developments form the backdrop to this article, in which we analyse this broadened Dutch system of FRM and flood risk regulation. After having presented relevant facts and figures about flood risks in the Netherlands in Section 2, we describe the flood risk management strategies (FRMSs) stemming from the Floods Directive and the way in which these have been implemented in the Dutch FRM system in section 3. In Section 4, we discuss current observed developments and shifts in strategies, as well as relevant challenges these have brought about. In a synthesizing Section 5, the paper ends with a discussion of its findings. One of our key conclusions is that the development of innovative approaches in Dutch FRM is promising, but requires increased attention for challenges regarding coordination and cooperation, public participation and the availability of legal instruments to make spatial claims on privately owned land

Moving forward to achieve the ambitions of the European Water Framework Directive: Lessons learned from the Netherlands

The restoration and preservation of freshwater ecosystems is one of the prerequisites for a sustainable and fair future for all and therefore part of the United Nations Sustainable Development Goals (SDG 6). However, countries worldwide are facing a challenge to achieve this ambition by 2030. This paper focuses on the legal and governance challenges faced in the European context with regard to achieving water quality ambitions, using experiences from the Netherlands as a case study. Although many EU Member States (MS) are facing a challenge to meet the ambitions set by the Water Framework Directive (WFD) in 2027, literature on effectiveness of governance approaches in terms of actual water quality improvement, seems to be scarce. Based on interviews, a survey, expert panel discussions and literature we show that in the Netherlands, an important problem is that stakeholders, also within organisations, have different views on ambitions, achievements and necessary follow-up actions. This is problematic because for realising the water quality ambitions, cross-sectoral cooperation (e.g. from agriculture and spatial development) as well as strengthened interlinkages between these related policy fields is crucial. Moreover, there is a tendency to stick to the status quo. In order to increase effectiveness, a better understanding of the underlying mechanisms for this lock-in will be necessary. This will enable the development of practical tools and instruments to support cross-sectoral and multi-level collaboration. The sectoral implementation of the WFD in the Netherlands was chosen by many other MS, resulting in similar cross-sectoral challenges as we found in the Netherlands. Insight into how other MS deal with lock-in situations is needed to develop pathways to achieving WFD ambitions

Kansen en aandachtspunten voor nature-based solutions in voorlanden

Nature-based solutions (NBS) bieden veel kansen om de waterveiligheid te verhogen en tegelijkertijd natuurwaarden te versterken. In dit artikel worden zowel een aantal ecologische en juridische aspecten besproken als de consequenties van NBS in voorlanden tussen dijk en water, ten behoeve van het overstromingsrisicobeheer