Full Description
This book examines the impact of environmental pressure on EU substantive law and principles to determine the adequacy and possible evolution of available remedies in a global context of a rapidly changing political and legal reality of the European Union.
Mapping the global dimension of environmental challenges in both local and cross-border contexts, as well as evaluating the scope and resilience of a current model of EU law remedies, this monograph examines key issues encompassing legal instruments of transboundary pollution such as management of the Natura 2000 sites, Trans-European Networks, cross-border impact assessment and air quality legislation, scarcity of resources in a cross-border context, novel tools of corporate due diligence in EU law, as well as external environmental threats originating from neighboring countries. It explores the rationale of the EU law remedies and compliance system through the prism of environmental challenges, evaluating also alternative legal instruments and concepts stemming from international public law and international private law. As cross-border environmental disputes trigger a question of the unity of the EU legal order and respect of the authority of the EU Court of Justice by the Member States in particular in case of interim measures, this book examines key cases such as Czechia against Poland and Belgium against France to examine the adequacy of classic remedies of legal protection available under the EU treaties in case of trans-border environmental disputes.
This book will be of interest to students, academics and practitioners with an interest in European Union Law and Environmental Law.
Contents
Introduction; Chapter 1 - New approaches to the concepts of pollution and transboundary pollution in the European Union; Chapter 2 - Observations on the approach to cross-border pollution in EU environmental law; Chapter 3 - Nature restoration as a remedy to nature degradation caused by transboundary pollution in international and EU law; Chapter 4 - Corporate Accountability for Environmental Damage in a Cross-border Context: The Promises and Pitfalls of the EU Corporate Sustainability Due Diligence Directive; Chapter 5 - Scarcity of resources in a cross-border context. A closer look at the EU environmental policy goal of prudent and rational utilisation of natural resources; Chapter 6 - Hazardous installations outside the EU: the Espoo Convention's Implementation Committee's proceedings concerning Lithuania and Belarus; Chapter 7 - Sharing a common good beyond borders: the global phenomenon of climate change litigation and its irrelevance in cross-border settings; Chapter 8 - The role of the principle of sincere cooperation in the implementation of EU environmental law; Chapter 9 - Testing the limits of unity of the EU legal order? Reflections on the rise of inter-state litigation and non-compliance; Chapter 10 - The role of interim measures in environmental disputes before the Court of Justice of the European Union; Chapter 11 - Intergovernmental mediation versus classical remedies: towards efficient conflict resolution in cross-border environmental disputes; Chapter 12 - Energy-related Cross-border Disputes: A Future without the Energy Charter Treaty; Chapter 13 - Rebalancing international (investment) law: Is there a space for Rights of Nature arguments?; Chapter 14 - Litigating cross-border environmental damages. How to bridge the gap between foreign authorizations and domestic claim; Chapter 15 - Cross-border pollution in the context of the Scheldt Estuary: the complex search for a sustainable level playing field; Chapter 16 - Czechia v. Poland (C-121/21) - Legal and Political Background - Czech Perspective; Chapter 17 - Czechia v. Poland (C-121/21) - Legal and political background - Polish perspective
