International Law and the Resolution of Central and East European Transboundary

by Williams, Paul R.

• ISBN13: 9780312227807
• ISBN10: 0312227809
• Format: Trade Book
• Copyright: 2000-10-06
• Publisher: Palgrave Macmillan

Summary

Combining the perspectives of international law and international relations theory, this book adopts an interdisciplinary approach to the investigation of the role international law plays in promoting a resolution of Central and East European transboundary environmental disputes. It examines a wide variety of such disputes including case studies of the Baltic Sea, Black Triangle, Temeliacute;n Nuclear Plant, Danube River Gauntlet and Black Sea disputes, and there is particular emphasis on the Gabciacute;kovo-Nagymaros Project dispute between Slovakia and Hungary.

Author Biography

Paul R. Williams is Associate Professor of Law and International Relations at American University.

Table of Contents

Acknowledgements	xi
List of Cases	xiv
List of Major Treaties and International Instruments	xvii
List of Abbreviations	xxi
Introduction	1	(8)
Part I Central and East European Transboundary Environmental Disputes from the Baltic Sea to the Black Sea	9	(40)
The Northern Tier: Polluting the Baltic Sea, Dark Clouds over the Black Triangle and Silesian Coal Basins, and East Meets West in Temelin	11	(20)
The Baltic Sea	12	(4)
The Black Triangle	16	(6)
The Silesian Coal Basin	22	(3)
The Temelin nuclear power plant	25	(6)
The Southern Tier: Cleaning up after the Soviets, Dumping in the Danube, Dueling Nuclear Power Plants, and Suffocating the Black Sea	31	(18)
The environmental legacy of Soviet occupation	31	(4)
The Romanian-Bulgarian Danube River Gauntlet	35	(3)
The Romanian-Bulgarian Nuclear Corridor	38	(4)
The Black Sea	42	(7)
Conclusion to Part I	45	(4)
Part II Using International Law to Resolve the Slovak-Hungarian Dispute concerning the Construction and Operation of the Gabcikovo-Nagymaros Project	49	(72)
The Dispute-Formation Phase: Soviet-Inspired Designs to Harness the Power of the Danube and Post-transformation Second Thoughts	51	(9)
Factors encouraging the negotiation and adoption of the 1977 Agreement	52	(3)
The growing awareness of the environmental consequences of the Gabcikovo-Nagymaros Project	55	(3)
Hungary's initial proposals to modify the Gabcikovo-Nagymaros Project	58	(2)
The Pre-Resolution Phase: Enter Sub-state Actors, Third Parties and International Law	60	(7)
The involvement of sub-state actors	60	(2)
The involvement of third parties	62	(2)
Attempts to establish or identify appropriate dispute resolution mechanisms	64	(1)
The use of international law to frame negotiating positions	65	(2)
The Resolution Phase: Making the Case to the International Court of Justice	67	(42)
Inquiry and mediation by the European Commission	68	(2)
The submission of the dispute to the International Court of Justice	70	(3)
The multifarious issues and options put before the International Court of Justice	73	(4)
The determination of certain factual and legel questions by the International Court of Justice	77	(32)
The Implementation Phase: Back to the Negotiating Table and Possibly Back to the Court	109	(12)
The preliminary efforts of Slovakia and Hungary to negotiate a joint operating regime	109	(3)
Situational circumstances affecting the negotiation and implementation of a joint operating regime	112	(1)
Sub-state actors and interested third parties influencing the negotiation and implementation of a joint operating regime	113	(3)
Prospects for the enforcement and verification of a joint operating regime	116	(5)
Conclusion to Part II	118	(3)
Part III Understanding the Role of International Law	121	(44)
The Regime of International Law: Its Nature and Function	123	(12)
The nature of international law as a constituent element of the international regime of transboundary environmental protection	123	(4)
The functions served by international law during the four phases of the transboundary environmental dispute resolution process	127	(8)
Influencing the Utilization of International Law: Sub-State Actors, Interested Third Parties, Situational Circumstances and Factors of Functionality	135	(30)
Sub-state actors	135	(4)
Interested third parties	139	(6)
Situational circumstances affecting the role of international law in the transboundary environmental dispute resolution process	145	(9)
Factors promoting the functionality of international law within the regime of transboundary environmental protection	154	(11)
Conclusion to Part III	162	(3)
Part IV Prospects for an Increasing Role for International Law in Promoting Central and East European Transboundary Environmental Dispute Resolution	165	(53)
Gauging the Operability of International Law: the Evolving Circumstances	167	(21)
Ecological circumstances	167	(3)
Economic circumstances	170	(5)
Domestic political circumstances	175	(4)
International political circumstances	179	(3)
National minority circumstances	182	(6)
Predicting the Future: an Increasing Role for International Law?	188	(30)
The Practice of Central and East European states applying international law to resolve international disputes	188	(3)
The practice of Central and East European states applying municipal environmental law to resolve domestic resource disputes	191	(6)
The correlation of Central and East European environmental law with municipal international environmental law	197	(2)
The accessibility of international judicial dispute resolution mechanisms to Central and East European states	199	(5)
The incentive for Central and East European states to utilize international law to assist with the resolution of transboundary environmental disputes	204	(3)
The perceived capacity of international law to assist in the resolution of Central and East European transboundary environmental disputes	207	(11)
Conclusion to Part IV	215	(3)
Conclusion	218	(10)
Notes	228	(52)
Bibliography	280	(45)
Index	325