Cross-border pollution and environmental disputes in EU law and beyond

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 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 for the authority of the EU Court of Justice by the Member States, in particular in the case of interim measures, this book analyses key cases such as Czechia against Poland 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.