The Disputed Białowieża Forest

Legal Remedies for the Protection of Cross-border Properties

Series: 

The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
Copyright Year:
2022
E-Book (PDF)
Availability:
Published
ISBN:
978-90-04-51514-7
Publication:
27 Jun 2022
Hardback
Availability:
Published
ISBN:
978-90-04-51513-0
Publication:
30 Jun 2022
Cover The Disputed Białowieża Forest

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Maciej Perkowski , Professor (2017), University of Bialystok, Head of the Department of Public International Law and European Law, has published on international environmental law, food safety, international cooperation of local self-government, influence of basic research on university didactics and legal regulation on autism.

Wojciech Zoń , M.A. (2018), Ph.D. candidate, University of Bialystok, assistant at the Department of Public International Law and European Law, has research and teaching experience in international and EU law, specifically cross-border cooperation, environmental law and food law.

Przemysław Saganek , Dr. habil. (2011), Professor at the Institute of Law Studies of the Polish Academy of Sciences. His research interests and topics of publications are: public international law, EU law, specifically sources and nature of international law, the state responsibility and international tax law.
Preface

List of Figures and Tables

1 Białowieża Forest as a Cross-Border Invaluable Natural Property
 1.1 The Formation of Białowieża Forest throughout History

 1.2 The Natural Characteristics of Białowieża Forest

 1.3 The Uniqueness of Białowieża Forest

 1.4 The Cross-Border Location of Białowieża Forest

 1.5 The Socio-Economic Conditions of Białowieża Forest


2 The Legal Dimension of the Protection of Białowieża Forest
 2.1 The Genesis and Evolution of the Legal Protection of Białowieża Forest

 2.2 The Current Legal Basis for the Protection of Białowieża Forest in National Laws of Poland and Belarus

 2.3 The Current Legal Basis for the Protection of Białowieża Forest in International Law

 2.4 The Current Legal Basis for the Protection of Białowieża Forest in European Union Law

 2.5 Identifying the Current Model of the Protection of Białowieża Forest


3 The Polish Dispute over the Białowieża Forest Protection Model
 3.1 ‘From the bark beetle gradation to the Luxembourg judgment’ (The Actual State)

 3.2 The Position of the Polish Government on the Protection of Białowieża Forest

 3.3 The Position of the Polish Environmentalist Non-Governmental Organisations on the Protection of Białowieża Forest

 3.4 The Protection of Białowieża Forest in the Opinion of Polish Academia

 3.5 The Protection of Białowieża Forest in the Opinion of Polish Society


4 The International Implications of the Polish Dispute over the Protection Model of Białowieża Forest
 4.1 The Position of the United Nations Organisation for Education, Science and Culture (unesco) on the Polish Dispute over the Protection Model of Białowieża Forest

 4.2 The Approach of Belarus to the Polish Dispute over the Protection Model of Białowieża Forest

 4.3 The Position of the European Commission on the Polish Dispute over the Protection Model of Białowieża Forest

 4.4 The Court of Justice of the European Union on the Polish Dispute over the Protection Model of Białowieża Forest

 4.5 International Bodies of Opinion on the Polish Dispute over the Protection Model of Białowieża Forest


5 The Post-białowieża Legal Remedies for the Protection of Cross-Border Invaluable Natural Properties
 5.1 The Modelling of Environmental Protection in the Modern World and Their Cross-Border Nature

 5.2 The Inscription of Cross-Border Unique Natural Properties

 5.3 The Identification of the Legal Basis for the Protection of Cross-Border Invaluable Natural Properties (Including Białowieża Forest) in Contemporary International Law

 5.4 The Need for a New Legal Basis for the Protection of Cross-Border Invaluable Natural Properties (Including Białowieża Forest) and Their Assumptions

 5.5 The Proposals of Internationalised Practical Solutions for the Protection of Cross-Border Invaluable Natural Properties


Conclusions

Bibliography

Index

Legal European libraries and scholars specialised in the international and European law; scientists from disciplines such as law, forestry, sociology, international relations; forestry services, nature conservation services, biologists, NGOs staff, EU, UNESCO officials, officials of government agencies responsible for nature conservation.
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