2014
DOI: 10.1093/jel/equ015
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From Flood Protection to Flood Risk Management: Condition-Based and Performance-Based Regulations in German Water Law

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Cited by 39 publications
(34 citation statements)
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“…Particularly, the German Flood Protection Act of 2005 (Artikelgesetz zur Verbesserung des vorbeugenden Hochwasserschutzes) and the European Floods Directive (2007/60/EC; EC 2007) introduced important changes in the German Federal Water Act (Wasserhaushaltsgesetz). This marked a further shift from a purely technically oriented flood defense toward a more integrated flood risk management system that also considers nonstructural measures to minimize adverse effects of flooding (Hartmann and Albrecht 2014).…”
Section: Introductionmentioning
confidence: 99%
“…Particularly, the German Flood Protection Act of 2005 (Artikelgesetz zur Verbesserung des vorbeugenden Hochwasserschutzes) and the European Floods Directive (2007/60/EC; EC 2007) introduced important changes in the German Federal Water Act (Wasserhaushaltsgesetz). This marked a further shift from a purely technically oriented flood defense toward a more integrated flood risk management system that also considers nonstructural measures to minimize adverse effects of flooding (Hartmann and Albrecht 2014).…”
Section: Introductionmentioning
confidence: 99%
“…The permitting processes in England, France, and Sweden thus denote flexibility and adaptability elements in the form of integrative assessments and performance-based rules (see Ebbesson 2010, Hartmann andAlbrecht 2014). Performancebased rules entail that the actual boundaries for the activity are set by the conditions of the permit, which also favors subsidiarity.…”
Section: The Regulatory Framework For Flood Defense Infrastructurementioning
confidence: 99%
“…This literature often focuses on legal adaptation for water quality or water supply. There are few examples of comprehensive studies on adaptation in national water laws in relation to increasing flood risks (see, e.g., Godden and Kung 2011, Hartmann and Albrecht 2014, Gilissen 2015. Our intention is to contribute to this scientific area by exploring the legal rules governing flood defense in several countries and by providing insights on the manner in which these enhance or hamper adaptive governance; this is in line with identified needs for further research (see Ebbesson andHey 2013, Chaffin et al 2014).…”
Section: Introductionmentioning
confidence: 99%
“…Pursuant to the directive, each Member State of the European Union must adopt appropriate plans regarding flood risk management. These actions, indeed, marked a new approach regarding flood risk mitigation [HARTMANN, ALBRECHT 2014].…”
Section: Introductionmentioning
confidence: 99%