The Northern Tier

Abstract

CEE states suffer from a number of bilateral and multilateral transboundary environmental disputes stretching from the Baltic Sea to the Black Sea and include disputes relating to water pollution, air pollution, the destruction of biodiversity, liability for hazardous waste and the siting and operation of nuclear facilities. These disputes exist at all four phases of the dispute resolution process, with some states just beginning to articulate the exact nature of their dispute and with other states striving to implement an agreed upon means for resolving the dispute. Similarly, some states have as yet failed to utilize a dispute resolution mechanism, while others are making active use of inquiry, mediation, conciliation, arbitration and in some instances, adjudication. The disputes involve not only states from CEE, but also states from the EU and former Soviet Union, and in at least one instance, Turkey. To structure the investigation of these case studies, which are arranged according to their geographic position on the North–South axis, each case study is divided into a discussion of the basic factual background necessary to understand the dispute, and a discussion of the current and potential role of international law and the legal process in promoting a resolution of the dispute.