1. Institute of International Politics and Economics, Belgrade
LAND, WATER RESOURCES AND NATURAL DISASTERS IN REGULATIONS OF THE REPUBLIC OF SERBIA AND BOSNIA AND HERZEGOVINA - SIMILARITIES AND DIFFERENCES AS DETERMINANTS OF COOPERATION
Dragoljub Todić,
Institute of International Politics
and Economics, Belgrade

2. Framework
The paper presents the most important legislation of the Republic of Serbia (RS) and Bosnia and Herzegovina (BiH) in the field of land, water and natural disasters.
Three areas (land, water and natural disaster) are selected because of the interconnectedness between these issues.
It is possible that in a more detailed analysis should be included some other groups of regulations (climate change, environment, urban planning, industry, agriculture, etc.).

3. Context
Two neighboring countries are selected - they have some common characteristics including joint natural resources divided by the state border.
River Drina as a common water resource is the backbone of this debate.

4. Methodology What is “cooperation” Relevance of legislation aspect ?
Is the “treaties on cooperation” measure of “cooperation”?
What is measured?
How ?
Indicators ?
Criteria ?
...

5. Land - Serbia Law on soil protection was adopted in December 2015.
Apart from regulations in the field of agriculture which are, among other things, targeted at soil protection, regulations referring to the field of mining and geological survey may be relevant for IWRM. The new Law on Mining and Geological Survey (“OG RS”, no. No 101/15) has been adopted.
Soil monitoring is not undertaken in a systematic way. The establishment of systematic soil monitoring in RS has legal grounds in the Law on Environmental Protection (“OG RS”, no. 135/04, 36/2009, 72/2009 – state law and 43/2011 – decision of the Constitutional Court).
On the grounds of the LEP, the government of the RS has adopted the Regulation on systematic soil quality monitoring program with indicators for the assessment of risk from soil degradation and methodology to conduct remediation programs (“OG RS”, no. 88/10).

6. Water - Serbia
Water management in the RS is regulated by a wide variety of regulations. The central elements of the system are defined by the Law on Water (LW) (“OG RS”, no 30/10 and 93/12) and various regulations that have been passed in accordance with this Law.
There is also a substantial list of regulations related to other fields, which are in different ways relevant for water integrated resources management (IWRM).
The most important are the regulations in the field of environmental protection (e.g., pollution, waste management), energy sector (particularly renewable sources of energy, i.e. hydro energy) and water transport.

7. Natural disaster - Serbia
Law on emergency situations (OJ RS, No. 111/2009, 92/2011 и 93/2012)
Relevan bylaws ...

8. BiH
The basic elements of the legal system in the field of water resources management in BiH constitute regulations adopted within the competence of entities (Republic of Srpska and the Federation of Bosnia and Herzegovina).
In the broader context several parts of legislation adopted at the level of Bosnia and Herzegovina (as a state) are relevant. Law on water protection has the Brcko District of BiH, too.

9. BiH – Republic of Srpska
Provisions on soil protection are contained in several systemic laws of the RS as per type of land (agricultural, construction, forest, etc.).
Goals of basic geological survey are, inter alia, defining the status and features of rocks and soil to be used for spatial planning and defining suitability of terrain for spatial and urban plans, and terrain protection against landslide, erosion, floods, earthquake, underground water regime and other natural disasters. (Art. 5 of the Law on Geological Survey, “OG RS”, 110/13).
Law on Waters (“OG RS”, 50/06, 92/ 09, 121/12)
Law on Emergency Protection and Rescue (“OG RS”, 121/12) has regulates, inter alia, protection against and rescue from floods and other disasters on water and under water (Article 86).

10. BiH – Federation of BiH
Agricultural land protection has been regulated by a separate Law on Agricultural Land (“OG FBiH”, 52/09).
Land use for construction has been regulated in Chapter V (Articles 34-77) of the Law on Spatial Planning and Land Use in the FBiH (“OG FBiH”, 2/06, 72/07, 32/08, 4/10, 13/10, 45/10).
Law on Waters includes several provisions related in various ways to land. Limitations to the rights of land owners and users have been regulated by special provisions of the Law (Articles ).
Principal regulation governing water management in FBiH – LW (“OG FBiH”, 70/06)
Law on Protection and Rescue of People and Material Property from Natural and Other Disasters (“OG FBiH”, 39/03 and 22/06) includes epical provisions on “protection and rescue on water and under water” (Article 79-82).

11. Similarities/Differencies
BiH (RS, FBiH) no specific law on soil management ...
Soil regulation: agricultural, environment, construction, water land, forest land,
Republic of Serbia, Law on soil protection ...
+ agriculture, environmental legislation
Subsoil – geological research ...
Energy regulation (basic laws + bylaws ...
Water regulation (basic laws + bylaws ...
Natural disasters (basic laws + bylaws ...
Other relevant regulations ...
...

12. The international legal aspects
The international legal aspects of the protection of land, water resources management and protection in the event of natural disasters are pointed out.
International treaties – as a criteria for “cooperation”
Other criterion

13. Bilateral water treaties
There is no signed international agreements in the field of water management between BiH and Serbia.
According to a report on the work of the Council of Ministers - activities aimed at concluding agreements on water management cooperation between the Council of Ministers and the Government of Montenegro, and the Serbian government were initiated.
However, BiH participates in cooperation with the DRB countries and within other international agreements in the water management sector, among which cooperation within the ISRBC and the ICPDR are of special significance.
Bilateral agreement between BiH and Serbia on inland waterways navigation and their technical maintenance (Belgrade, 2012), (“OG BiH”, 17/12).

14. Bilateral treaty (natural disasters)
BiH signed agreements on cooperation in protection against natural and other disasters with Serbia (“OG BiH”, 08/11), Montenegro (“OG BiH”, 2/08), Croatia (“OG BiH”, 7/01), Macedonia and Slovenia.

15. Multilateral water treaties
Both countries are members of the most important international agreements of multilateral character (UN Convention on Combat desertification, Danube Convention, Sava Agreement, the UNECE Water Convention, etc)
Countries are not member of the the Convention on the Law of the Non-Navigational Uses of International Watercourses (1997).

16. Multilateral disaster treaties
BiH signed a Memorandum of Understanding on the Institutional Framework of the Disaster Preparedness and Prevention Initiative for South Eastern Europe (“OG BiH”, 12/08)
RS is memeber of the Memorandum of Understanding on the Institutional Framework of the Disaster Preparedness and Prevention Initiative for South Eastern Europe (“Official Gazette of RS – International Agreements”, no. 5/10)

17. Multilateral environmental treaties
Both countries are member of a majority of crucial international multilateral agreement in the environment sector.
BiH is not the member of the Protocol on Civil Liability to the Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes and the Convention on the Transboundary Effects of Industrial Accidents.
BiH is not the member of the Protocol on Pollutant Release and Transfer Registers (PRTR) to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, as well as the Amendments to the Convention (2005). BiH is not a member of the amendment to the Espoo Convention on Environmental Impact Assessment (EIA) in a Transboundary Context (Sofia, 2001, and Cavtat, 2004) as well as of the Protocol on Strategic Environmental Impact Assessment (SEA) (Kiev, 2003).

18. Energy
The RS and BiH are contracting party of the Energy Community Treaty

19. Harmonisation of the BiH (Republic of Srpska) legislation with the EU legislation
The Water Framework Directive (WFD) has been partially transposed through provisions of the LW. As assessed, around 75% of provisions of the Directive have been transposed in internal regulations. Full transposition is expected in 2017 with adoption of by-laws.
Transposition of the Directive on underground water (2006/118/EC) is in early stages. As assessed, subject directive has been transposed 17%.
Transposition of the Directive on water quality standards (2008/105/EC) is also in early stages. The directive has been transposed 16%. No deadline for full transposition has been set.

20. Harmonisation of the BiH (Republic of Srpska) legislation with the EU legislation
Situation with the transposition of the Directive on floods (2007/60/EC) is similar. The directive has been transposed 20%. Major share of transposition is planned for 2017.
Transposition of the Directive on quality control (2009/90/EC) is in early stages – around 20%. No deadline for full transposition has been set.
Transposition of the Directive on drinking water (98/83/EC) has not started yet, and no deadline for full transposition has been set.

21. Harmonisation of the BiH (Federation of BiH) legislation with the EU legislation
As assessed, the Water Framework Directive (WFD) (2000/60 /EC) has been completely transposed in FBiH domestic regulations FBiH (around 95%). Full transposition is expected in 2018 with the planned adoption of the amendments and addenda to the LW
Major share of the Directive on floods (2007/60/EC) has been transposed (around 83%). Full transposition will be achieved in 2016.
Directive on water quality standards (2008/105/EC) has not started yet and no precise transposition plan has been defined. Deadline for full transposition has not been set.
Directive on drinking water (98/83/EC) has been almost completely transposed (around 97%).

22. Harmonisation of the Republic of Serbia legislation with the EU legislation
It is estimated that approximately 76% of the EU WFD is transposed in regulations of the RS. Complete harmonization of national and EU regulation is planned to take part by the year 2018.
Modest degree of transposition has been implemented as regards to Directive 2006/118/EC on the protection of groundwater against pollution and deterioration (30%). Full transposition if expected by the end of 2018.
Drinking Water Directive (98/83/ECC) has been transposed about 60%.
As regards to flood risk management, estimations indicate that around 79% of the Directive on the assessment and management of flood risks (2007/60/ЕС) has been transposed in RS legal system. Full transposition of the Directive will be achieved in 2018.
Directive 86/278/ЕЕС on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture is also in the early stages of transposition (15%), and full transposition if expected by the end of Directive 2006/7/ЕС concerning the management of bathing water quality is also in the early stages of transposition (around 20%).

23. The starting point
similarities in the way of regulating certain issues are mainly the result of the process of harmonizing national legislation with the European Union (EU).
The dynamics of the process of further harmonization of the legal framework depends on many circumstances.

24. Basic question
Whether and to what extent the process of harmonisation of the national regulations (with the EU and, implicitly, to each other) at the same time means improvement of cooperation between states?

25. Other factors
It is possible to imagine a situation where the legislation are completely identical, but it does not (automatically) means the promotion of cooperation between the states.
To what extent the similarities and differences in the legislation condition the possibilities, contents and dynamics of cooperation between the states concerned.

26. Other factors
The development of regulations in other areas of importance to the area of land, water management and natural disasters
Characteristics of the socio-political system (the complexity of the organization of government's institutions)
Level of the economic development
Structure of the economy
The interests of stakeholders
Geopolitical position
Capacity of the competent authorities
Political will
Demarcation between the two states
Historical background, etc.

27. The thesis
The similarities and differences in the land management and water regulations, and the regulations in the field of treatment and protection in the event of natural disasters
are not a key factor for improving cooperation between the states.
Cooperation depends on other factors. ..

28. Literature
Aaken van Anne, Is International Law Conducive To Preventing Looming Disasters?, Global Policy, Volume 7 . Supplement 1 . May 2016,
Brochmann Marit, Hensel R. Paul, The Effectiveness of Negotiations over International River Claims, International Studies Quarterly (2011) 55, 859–882.
Grainger Sam, Conway Declan, Climate change and International River Boundaries: fixed points in shifting sands, WIREs Clim Change, 2014, 5:835–848. doi: /wcc.306
Lopes Paula Duarte, Governing Iberian Rivers: from bilateral management to common basin governance?, Int Environ Agreements (2012) 12:251–268 DOI /s
Zeitoun Mark, Goulden Marisa, Tickner David, Current and future challenges facing transboundary river basin management, WIREs Clim Change 2013, 4:331–349. doi: /wcc.228

29. Literature
Van Rijswick Marleen, Gilissen Kasper Herman, van Kmpen Jasper, The need for international and regional transboundary cooperation in European river basin management as a result of new approaches in EC water law, ERA Forum (2010) 11: 129–157 DOI /s
Dimitriou Elias, Mentzafou Aggeliki, Assessing the Impacts of Climate and Land Use Changes on the Water Quality of a Transboundary Balkan River, Water Air Soil Pollut (2016) 227: 209 DOI /s
Ma Jing, Hipel W. Keith, De Mitali, Cai Jun, Transboundary Water Policies: Assessment, Comparison and Enhancement, Water Resour Manage (2008) 22:1069–1087 DOI /s y
Stephen C. McCaffrey, International Water Cooperation in the 21st Century: Recent Developments in the Law of International Watercourses, Review of European Community & International Environmental Law, 23 (1) ISSN DOI: /reel.12064, pp

30. Documents (Serbia)
Draft Water Management Strategy in the Republic of Serbia, Ministry of Agriculture and Environmental Protection, Institut “Jaroslav Černi”, Belgrade, 2015, ( )
National Strategy of Emergency Protection and Rescue (“Official Gazette of RS”, no. 86/11)
National Environmental Protection Program, Government of the Republic of Serbia, Belgrade, (“Official Gazette of RS”, no. 12/2010) (3/4/2015)
National Environmental Approximation Strategy, Belgrade, December 2011 (“Official Gazette of RS”, no. 80/11)
Proposal of the Energy Development Strategy of the Republic of Serbia until 2025, with projection until (5/4/2015).
Spatial Plan of the Republic of Serbia for period (“Official Gazette of RS”, no. 88/2010); or (3/4/2015)

31. Documents (BiH)
2014 – 2017 Flood Defense and River Management Action Plan in BiH, BiH, Council of Ministers, Sarajevo, November, 2014.
Implementation Strategy for the Sava River Framework Agreement, April 2011,
(17/10/2015);
Draft Strategy of Integrated Water Management of the Republic of Srpska for 2015 – 2024, Government of the Republic of Srpska, Banja Luka, June
(16/10/2015);
Action Plan of Flood Risk Sustainable Management in the Danube River Basin with Application to the Sava River Sub-Basin, Area of the Republic of Srpska, , Ministry of Agriculture, Forestry and Water Management, Banja Luka, February 2010.

32. Documents (BiH)
Water Management Strategy of FBiH ,Government of the Federation of Bosnia and Herzegovina, 2010.
(16/10/2015);
Federal Operational Flood Defense Plan - FOFDP (“OG FBiH”, 7/11);
National Environmental Action Plan of BiH, NEAP, March 2003,
(17/10/2015);
Energy Development Strategy of the Republic of Srpska until 2030, (15/10/2015);
Strategic Plan and Development Program of Energy Sector of FBiH, Sarajevo, February 2008, (16/10/2015);

33. The Bridge on the Drina All the Drina rivers of this world are curvy;
they will never be completely straighten up;
but we must never cease to stop trying to straighten them up.
Ivo Andric (awarded the Nobel Prize for Literature in 1961)