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Cross-Border Pollution and Environmental Disputes in EU Law and Beyond: Global Challenges and Local Remedies

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Cross-Border Pollution and Environmental Disputes in EU Law and Beyond: Global Challenges and Local Remedies

Author: Alicja Sikora-Kaléda; Barbara Iwańska; Sławomir Dudzik
Publisher: Routledge
ISBN: 9781032614588
Published In: June 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction

Chapter 1 - New approaches to the concepts of pollution and transboundary pollution in the European Union

Delphine Misonne

Chapter 2 - Observations on the approach to cross-border pollution in EU environmental law

Magnus Noll-Ehlers

Chapter 3 - Nature restoration as a remedy to nature degradation caused by transboundary pollution in international and EU law

Alexandra Aragão

Chapter 4 - Corporate Accountability for Environmental Damage in a Cross-border Context: The Promises and Pitfalls of the EU Corporate Sustainability Due Diligence Directive

Krzysztof Oplustil

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

Ilona Przybojewska

Chapter 6 - Hazardous installations outside the EU: the Espoo Convention’s Implementation Committee’s proceedings concerning Lithuania and Belarus

Leda Žilinskienė, Rasa Ragulskytė-Markovienė, and Greta Česnaitytė

Chapter 7 - Sharing a common good beyond borders: the global phenomenon of climate change litigation and its irrelevance in cross-border settings

Marcin Stoczkiewicz

Chapter 8 - The role of the principle of sincere cooperation in the implementation of EU environmental law

Monika Niedźwiedź

Chapter 9 - Testing the limits of unity of the EU legal order? Reflections on the rise of inter-state litigation and non-compliance

Alicja Sikora-Kalėda

Chapter 10 - The role of interim measures in environmental disputes before the Court of Justice of the European Union

Mariusz Baran and Barbara Iwańska

Chapter 11 - Intergovernmental mediation versus classical remedies: towards efficient conflict resolution in cross-border environmental disputes

Małgorzata Kożuch

Chapter 12 - Energy-related Cross-border Disputes: A Future without the Energy Charter Treaty

Vojtěch Vomáčka

Chapter 13 - Rebalancing international (investment) law: Is there a space for Rights of Nature arguments?

Piotr Szwedo

Chapter 14 - Litigating cross-border environmental damages. How to bridge the gap between foreign authorizations and domestic claims

Dominik Düsterhaus

Chapter 15 - Cross-border pollution in the context of the Scheldt Estuary: the complex search for a sustainable level playing field

Hendrik Schoukens and Nienke van der Burgt

Chapter 16 - Czechia v. Poland (C-121/21) – Legal and Political Background – Czech Perspective

Jiri Vodicka

Chapter 17 - Czechia v. Poland (C-121/21) – Legal and political background – Polish perspective

Bartosz Rakoczy

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