1st Edition
Cross-Border Pollution and Environmental Disputes in EU Law and Beyond Global Challenges and Local Remedies
Introduction
PART 1
Addressing pollution and climate change in a transboundary context – EU law perspective and beyond
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 crossborder context: The promises and pitfalls of the EU Corporate Sustainability Due Diligence Directive
Krzysztof Oplustil, Anne-Marie Weber
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, 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
PART 2
Remedies, actors and case-studies
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
Biography
Alicja Sikora-Kalėda is Habilitated Doctor and Senior Lecturer at the Chair of European Law at the Faculty of Law and Administration, Jagiellonian University and Associated Researcher at Centre d’étude du droit de l’environnement (CEDRE) of the UCLouvain Saint-Louis University, Brussels. She was Senior Emile Noël Fellow 2024–2025, New York University School of Law. Her research focuses on constitutional aspects of EU law, judicial protection, fundamental rights, and EU environmental and climate law. Key publications include Constitutionalisation of Environmental Protection in EU Law (2020). In October 2024, she was designated by the Polish government as one of the ad hoc Polish judges of the European Court of Human Rights (ECtHR). She currently holds the position of Head of Unit at the Research and Documentation Directorate at the Court of Justice of the European Union.
Barbara Iwańska is Head of the Environmental Law Center at the Faculty of Law and Administration of the Jagiellonian University. She specializes in the field of EU and Polish environmental law. She is Member of the Scientific Council of the Tatra National Park and the international group of lawyers, the Avosetta Group, which is a forum for cooperation between representatives of the scientific communities of European universities specializing in environmental law and a forum for scientific exchange.
Sławomir Dudzik is Head of the Chair of European Law at the Faculty of Law and Administration of the Jagiellonian University in Krakow, Poland. He specializes in competition law, state aid law and legal regulation of the digital economy.
