International Law and the Resolution of Central and East European Transboundary Environmental Disputes

Although researching and writing a book is often perceived as a solitary adventure, the opportunity to exchange ideas and thoughts along the trail frequently provides the most rewarding experiences. I am thus greatly indebted to Dr Jiri Toman for the initial inspiration to pursue this publication and to Professor Malcolm Grant for his numerous insightful comments and gentle encouragement throughout the process. My work has benefited from the substantive and analytical comments of various individuals associated with the University of Cambridge, where I studied as a Fulbright Research Scholar from 1993 to 1996, including Dr Martin Dixon, Dr James Crawford and Dr Michael Byers. I am particularly indebted to Dr Cecilia Albin for her helpful assistance in understanding the nuances of negotiation theory, and to Dr Jack Shepherd for his service as an intellectual sounding-board and willingness to allow me to tap his numerous contacts in Central and Eastern Europe, as well as for providing me with a number of helpful hints for surviving the fieldwork experience. I am also indebted to Professor Dan Cole of the University of Illinois, Dr Alan Boyle, from the University of Edinburgh, and to Major Paul Wade of the United States Air Force. For assistance with understanding the various transboundary environmental disputes facing Central and East European states and the role of central governments in resolving these disputes I am grateful for the assistance of This book is based on the perspectives of international law and international relations theory and presents an interdisciplinary approach to the investigation of the question of what role international law plays in promoting the resolution of Central and East European transboundary environmental disputes. To fully understand the role of international law, the author first examines in detail eight environmental case-studies, including the Baltic Sea, Black Triangle, Temel'n nuclear power plant, Danube River Gauntlet and Black Sea disputes. From a detailed examination of the Gabc'kovo-Nagymaros Project dispute between Slovakia and Hungary, a novel analytic framework is used to evaluate the sub-state actors, interested third parties and the ecological, economic and political circumstances that influence the resolution of transboundary environmental disputes and the role of law. The book then develops a set of premises as to when states may be more inclined to employ international law to assist in the resolution of disputes, and how the role of law may be enhanced. In conclusion, an application of these premises to the specific instances of Central and Eastern Europe is set out, finding that international law will play an increasing, albeit imperfect role in the near future Front Matter....Pages i-xxiii Introduction....Pages 1-7 Front Matter....Pages 9-9 The Northern Tier....Pages 11-30 The Southern Tier....Pages 31-44 Back Matter....Pages 45-48 Front Matter....Pages 49-49 The Dispute-Formation Phase....Pages 51-59 The Pre-Resolution Phase....Pages 60-66 The Resolution Phase....Pages 67-108 The Implementation Phase....Pages 109-117 Back Matter....Pages 118-120 Front Matter....Pages 121-121 The Regime of International Law....Pages 123-134 Influencing the Utilization of International Law....Pages 135-161 Back Matter....Pages 162-164 Front Matter....Pages 165-165 Gauging the Operability of International Law....Pages 167-187 Predicting the Future....Pages 188-214 Conclusion....Pages 218-227 Back Matter....Pages 215-217 Back Matter....Pages 228-345 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, Temelín Nuclear Plant, Danube River Gauntlet and Black Sea disputes, and there is particular emphasis on the Gabcíkovo-Nagymaros Project dispute between Slovakia and Hungary.
This book takes an interdisciplinary approach to the question of what role international law plays in promoting a resolution of Central and East European transboundary environmental disputes. The author examines a wide variety of environmental disputes in Central and Eastern Europe, with particular emphasis on the Gabcíkovo-Nagymaros Project dispute between Slovakia and Hungary, and melds international legal theory and international relations theory to develop an analytic framework for understanding the role of law and assessing its future application.