Governance of a Transboundary River by Christian Bréthaut & Géraldine Pflieger

Author:Christian Bréthaut & Géraldine Pflieger
Language: eng
Format: epub
ISBN: 9783030195540
Publisher: Springer International Publishing

4.1.4 Analysis of Convention-Based Instruments

Having looked at the main characteristics of governance structures in both Switzerland and France, we now focus on the main legal instruments for managing the Rhône. These consist of various international conventions and agreements, Swiss measures at intercantonal level or in the different cantons and, finally, a number of French provisions.i.International conventions and agreements

As we have already seen, management of the Rhône is partly influenced by the 1963 Emosson Convention. This document lays down the principle that the waters of the River Arve are to be returned to France at the outlet of Lake Geneva. Under Article 20 of the Convention, France recognizes that Switzerland is free to use the water diverted into the Emosson Dam reservoir. Water from the Arve River Basin in France is stored in Lake Geneva, to be returned when requested by France.

It is the Emosson Convention itself that initially establishes the principle of returning the waters of the River Arve, but it is the Year 2000 Implementation Measures (signed by France on 27 March 2000 and by Switzerland on 5 April in the same year) that put this decision into practice and clarify how the water reserve defined in Article 20 of the Convention is to be managed (Paragraph 1 of the Implementation Measures). The Implementation Measures also state how this water is to be returned—through gradual linear transfer (Paragraph 4). Finally, an important aspect of this supplementary agreement is an undertaking by the Parties to exchange information about variations in Lake Geneva water levels or about any changes to operational practices at the Seujet Dam (Paragraph 5). It relies on a high level of transparency on the part of SIG—which operates the Seujet Dam—in sharing information with the other Rhône management stakeholders. This is counterbalanced by the CNR’s responsibility, under Paragraph 6, for calculating the value of the stored waters of the River Arve on a weekly basis, according to the quantities of water withdrawn. The Implementation Measures were initially ratified for a period of five years, and then renewed in 2005, 2010 and 2015.ii.The Intercantonal Agreement

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