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Law and Governance of Water Protection Policy

Lee, M; (2009) Law and Governance of Water Protection Policy. In: Environmental Protection: European Law and Governance. Oxford University Press

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The Water Framework Directive takes an ambitious approach to environmental protection, albeit characterized by flexibility in both language and environmental objectives. This flexibility is constrained by the explicit terms of the Directive, which without commanding particular results, demand that particular tools, approaches, and considerations be used in decision making. The flexibility is further constrained beyond the terms of the legislation through the Common Implementation Strategy, which provides for cooperation between the member states, the Commission and others in the detailed implementation of the Directive. The novel approaches in the Water Framework Directive inevitably raise concerns around both legal and political accountability. However, the combination of these ambitious objectives with mechanisms of new governance is no coincidence - flexibility recognises social and ecological realities, and without it the ambition of the Directive would not be possible. The constraints within and beyond the wording of the legislation keep that flexibility within certain bounds.

Type: Book chapter
Title: Law and Governance of Water Protection Policy
ISBN-13: 9780199565177
DOI: 10.1093/acprof:oso/9780199565177.003.0002
Keywords: Common implementation strategy, Economic instruments, Multi level governance, Public participation, Water, Water framework directive
UCL classification: UCL > School of Arts and Social Sciences > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/49726
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