Abstract
This chapter analyses the norms and principles concerning the management of transboundary waters under international law, as well as the provisions of the Water Framework Directive on the same issue under European Union law. Then, the focus is moved to the hydrographical situation of Italy and the waters the country shares with neighbouring States. Even though, unlike other European countries, Italy does not share major watercourses or water bodies with other States, in at least a couple of cases (Lake Maggiore and Lake Lugano shared with Switzerland, and River Isonzo/Soča shared with Slovenia) joint management and control systems are in force, which pre-date the WFD by many years.
The Authors wish to express their gratitude to Dr. Francesco Puma, General Secretary of the Basin Authority of the River Po District (2010–2017) and Dr. Aleš Bizjak, Slovenian Water Agency, Ministry of the Environment and Spatial Planning.
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Notes
- 1.
See for example Arts. 4 and 7 of the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin; Arts. 7 and 9 of the 2002 Framework Agreement on the Sava River Basin; Art. 2 of the 1995 Protocol on Shared Watercourses Systems of the Southern African Development Community (SADC).
- 2.
International Court of Justice, Gabcikovo-Nagymaros Project (Hungary/Slovakia), judgment of 25 September 1997, ICJ Reports, 7.
- 3.
Arts. IV, V, VII, X, XXIX of the 1966 Helsinki Rules on the Uses of the Waters of the International Rivers (“Helsinki Rules”) of the International Law Association (ILA); Arts. 5, 6, 7, 15, 16, 17, 19 of the 1997 UN Watercourses Convention; Art. 2 of the SADC Protocol on Shared Watercourses Systems; Arts. 7, 8, 9 of the Framework Agreement on the Sava River Basin; Arts. 4, 5, 6, 26 of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin; Arts. 3, 7, 8, 9 of the 1996 Mahankali River Treaty between India and Nepal; Arts. 10(1), 12, 13, 14 of the 2004 Berlin Rules on Water Resources (“Berlin Rules”) of ILA; Art. 2(2)(c) of the 1992 UNECE Water Convention.
- 4.
See Art. 6 of the UN Watercourses Convention and Art. V of the Helsinki Rules.
- 5.
See Draft Articles on the Law of the Non-Navigational Uses of International Watercourses and Commentaries Thereto and Resolution on Transboundary Confined Groundwater, Yearbook of the International Law Commission, Vol II, Part Two, 1994, p. 101.
- 6.
Arts. V, X, XI, XXIX(2) of the Helsinki Rules; Arts. 7, 10, 12, 15, 16, 17, 19, 20, 21(2), 22, 26(2), 27, 28(1), 28(3) of the UN Watercourses Convention; Art. 2 of the SADC Protocol on Shared Watercourses Systems; Arts. 2 and 9 of the Sava River Basin Agreement; Arts. 3, 7, 8 of the Mekong Agreement; Arts. 7, 8, 9 of the Mahankali River Treaty; Arts. 8, 10(2), 16 of the Berlin Rules; Arts. 2(1), 2(3), 2(4), 3 of the UNECE Water Convention. Moreover, this principle is also acknowledged by modern international environmental conventions and declarations, such as in Principles 21 and 22 of the 1972 Stockholm Declaration of the UN Conference on Human Environment; Principles 2, 4, 13, 24 of the 1992 Rio Declaration on Environment and Development; and Art. 3 of the 1992 Convention on Biological Diversity.
- 7.
It should be noted that the procedure of notification and consultation concerns the situation where a State (or a person under its jurisdiction) plans measures or activities, including a new use or change in existing use, of an international watercourse that may cause a significant adverse transboundary environmental effect to other States.
- 8.
Arts. XXIX(2), XXIX(3), XXIX(4), XXX, XXXI of the Helsinki Rules; Arts. 3(5), 6(2), 11–19, 24(1), 26(2), 28, 30 of the UN Watercourses Convention; Art. 2(9)–(10) of the SADC Protocol on Shared Watercourses Systems; Art. 22 of the Sava River Basin Agreement; Arts. VII(2) and VIII of the 1960 Indus Waters Treaty; Arts. 5, 10, 11, 24 of the Mekong Agreement; Arts. 6 and 9 of the Mahankali River Treaty; Arts. 57, 58, 59, 60 of the Berlin Rules; Art. 10 of the UNECE Water Convention. Moreover, this principle is also acknowledged by modern international environmental conventions and declarations, such as in Principles 18 and 19 of Rio Declaration on Environment and Development; and Art. 21(1) of the Convention on Biological Diversity.
- 9.
Arts. 1(3), 55, 56 of the 1945 Charter of the United Nations.
- 10.
Progressive Development and Codification of the Rules of International Laws Relating to International Watercourses, GA Res 2669, UN GAOR, 25th, supp No. 8, UN Doc A/8028 (1970).
- 11.
Arts. XXIX(1), XXIX(2), XXXI of the Helsinki Rules; Arts, 5(2), 8, 9, 11, 12, 24(1), 25(1), 27, 28(3), 30 of the UN Watercourses Convention; Arts. VI–VIII of the Indus Waters Treaty; Arts. 2–5 of the SADC Protocol on Shared Watercourse Systems; Arts. 3–4, 14–21 of the Sava River Basin Agreement; Arts. 6, 9, 10 of the Mahankali River Treaty; Preamble and Arts. 1, 2, 6, 9, 11, 15, 18, 24, 30 of the Mekong Agreement; Arts. 10, 11, 56, 64 of the Berlin Rules; Arts. 6, 9, 11, 12, 13, 15, 16 of the UNECE Water Convention. The principles of cooperation and information exchange are also acknowledged by modern international environmental conventions and declarations, e.g. in Principles 13, 22, 24 of the Stockholm Declaration of the UN Conference on Human Environment; Principles 7, 9, 12, 13, 17, 27 of the Rio Declaration on Environment and Development; and Arts. 5, 17 of the Convention on Biological Diversity.
- 12.
Convention for the Protection of the Italian-Swiss Waters against Pollution (20 April 1972). www.admin.ch/opc/it/classified-compilation/19720079/197308070000/0.814.285.pdf
- 13.
See Art. 33 of the UN Charter.
- 14.
The diplomatic mechanisms include negotiation, good offices, mediation, inquiry and conciliation. Judicial mechanisms include the submission of a dispute to the International Court of Justice and arbitration.
- 15.
See UNECE, “Amendment to Arts. 25 and 26 of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes”, UN Doc ECE/MP.WAT/14 (12 January 2004).
- 16.
Art. 3 of the consolidated version of the Treaty on the Functioning of the European Union.
- 17.
Art. 192(2) TFEU.
- 18.
Council Directive 73/404/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to detergents.
- 19.
The ecological status is determined by biological, hydro-morphological and physico-chemical quality elements, and takes into consideration the abundance of aquatic flora and fish fauna, the availability of nutrients, and aspects like salinity, temperature and pollution by chemical agents, but also quantity, water flow, water depths, and others.
- 20.
According to UNECE (2011, pp. 170, 182 and 191), Italy shares 0.25% of the entire Danube basin. In particular, Italy shares with Austria, Germany and Switzerland the River Inn which is the third largest tributary of the Danube by discharge. It also shares the River Drava, another tributary of the Danube, with Austria, Croatia, Hungary and Slovenia.
- 21.
- 22.
According to UNECE (2011, p. 254), the Rhone only covers 50 km2 of the territory of Italy.
- 23.
Convention for the Protection of the Italian-Swiss Waters against Pollution (20 April 1972). www.admin.ch/opc/it/classified-compilation/19720079/197308070000/0.814.285.pdf
- 24.
Agreement Concerning the Concession on Hydraulic Forces of the Reno di Lei (18 June 1949). www.admin.ch/opc/it/classified-compilation/19490145/index.html#fn1
- 25.
Convention for the Utilisation of the Hydraulic Forces of the Spöl (27 May 1957). www.admin.ch/opc/it/classified-compilation/19570089/index.html
- 26.
Convention Between Italy and Switzerland on the Regulation of the Lugano Lake (17 September 1955). www.admin.ch/opc/it/classified-compilation/19550154/index.html
- 27.
Ibid., Art. VI. The Commission is composed of three members appointed by the Swiss Federal Council and three members appointed by the Italian Government (Para. 1). During the construction period, the Commission had the tasks of approving the regulation works that the Cantonal Council of Ticino submitted to it, of supervising the implementation of the works, of deciding, if necessary, any modification of the projects, of submitting to the two Governments periodic reports on the progress of the work, as well as on the compliance with the agreed-upon terms. Since the completion of the works, the Commission has the competence to examine and resolve any question concerning the regulation of the levels of the lake, the functioning of the dam, and the maintenance of the works. It supervises the execution of its decisions and submits to the approval of the two Governments the changes it deems useful to make to the regulation (Paras. 2 and 3).
- 28.
The hydraulic works for regulating the levels of the lake include: the correction of the strait of Lavena, the regulating barrier at the Rochetta and the correction of the Tresa between Ponte Tresa and Madonnone (Art. II of the 1955 Convention).
- 29.
The dyke started to function in 1942.
- 30.
During the summer period (16 March – 31 October), the limitations are between −0.5 m and +1 m in respect to the hydrometric zero calculated at Sesto Calende. During the winter time (1 November – 15 March), the limitations are between −0.5 m and +1.5 m in respect to the hydrometric zero calculated at Sesto Calende. Interview with Dr. Francesco Puma, General Secretary of the Authority of the Po River Basin District, 8 July 2019. See the Concession Specifications of 24 January 1940 and Royal Decree no. 3344 of 6 June 1940.
- 31.
See the proceedings of the meeting of 1941, available at www.adbpo.it/PAI/Attuazione_del_Piano/Piani_Laminazione/ANNESSI/Lago_Maggiore/Conferenza_Italo-svizzera_1938.pdf
- 32.
See, ibid., the proceedings of the meeting of 1943.
- 33.
See, ibid., the proceedings of the meeting of 1947.
- 34.
See, ibid., the proceedings of the meeting of 1971.
- 35.
See, ibid., the proceedings of the meeting of 1986.
- 36.
See, ibid., the proceedings of the meeting of 1988.
- 37.
See, ibid., the proceedings of the meeting of 1995.
- 38.
See, ibid., the proceedings of the meetings of 1995, 1996 and 1997.
- 39.
In particular, the levels of the regulation in the summer period from 1 m to 1.50 m in respect to the hydrometric zero of Sesto Calende were approved. Decision no. 1/2014 of the Institutional Committee of the Po River Basin Authority (22 July 2014). www.ticinoconsorzio.it/attachments/article/13/d%20Delibera%20Comit.%20Istituz.%20Po%20n%c3%82%c2%b0%201%20del%202014%20-%20Avvio%20sperimentazione%20regolazione%20estiva%20Lago%20Maggiore.pdf. The decision to increase the levels of the lake was renewed on 12 May 2015 for a five-year period (2015–2020). See Decree no. 96/2019 of the General Secretary of the Po River Basin Authority (6 May 2019). https://adbpo.gov.it/wp-content/uploads/2019/08/96_06.05.2019.pdf
- 40.
The Commission also includes a Sub-Commission which carries out studies on specific technical and scientific issues. This body also proposes updates to the Action Plan and formulates proposals and recommendations to the Commission to ensure an efficient protection of the shared waters. Finally, the Commission also includes a Secretariat entrusted with administrative and financial tasks (Art. 4(3)).
- 41.
Only 1% (approximately 186 km2) of the catchment of the Adige/Etsch is in Switzerland, the remaining 99% of the catchment lying in Italy.
- 42.
Interview with Dr. Aleš Bizjak, Slovenian Water Agency, 8 July 2019.
- 43.
This dam is situated on a tributary of the river Isonzo/Soča: interview with Dr. Aleš Bizjak, Slovenian Water Agency, 8 July 2019.
- 44.
The objective of the INTERREG V-A Italy-Slovenia programme is to promote sustainability and cross-border governance. It includes the development of environment-friendly technologies for the improvement of water management. Further information on the programme is available at www.keep.eu/programme/2014-2020-interreg-v-a-italy-slovenia
- 45.
The VISFRIM project aims to manage risk in transboundary basins by developing methodologies and technological tools for the implementation by 2021 of existing flood risk management plans as required by the EU Floods Directive. The website of the project is available at www.ita-slo.eu/en/visfrim.
- 46.
The objective of this project is the strengthening of integrated ecosystem management for sustainable development in cross-border areas. The website of the project is available at www.ita-slo.eu/en/grevislin.
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Tignino, M., Gambatesa, B. (2021). The Management of International River Basins: The Case of Transboundary Water Cooperation Between Italy and Its Neighbours. In: Turrini, P., Massarutto, A., Pertile, M., de Carli, A. (eds) Water Law, Policy and Economics in Italy . Global Issues in Water Policy, vol 28. Springer, Cham. https://doi.org/10.1007/978-3-030-69075-5_9
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