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Legal Remedies for the Protection of Cross-border Properties
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.
In: The Disputed Białowieża Forest
In: The Disputed Białowieża Forest
In: The Disputed Białowieża Forest
In: The Disputed Białowieża Forest
In: The Disputed Białowieża Forest
In: The Disputed Białowieża Forest

Abstract

Invaluable natural resources require special legal protection. Their protection often does not fully correspond with their unique character. The protection of invaluable natural resources should be modelled in such a way as to provide full protection of their uniqueness, regardless of unstable political and legal circumstances. The authors argue for the implementation of such a solution in the example of the Bialowieza Forest. Under Polish and Belarusian laws, international law and partially also European Union law, the Forest is entangled in a complex socio-economic turnover, which often proves controversial or even problematical. The Bialowieza Forest is a complete natural system, so it ought to be protected as a whole. A well-planned international regulation of a localised nature (with Poland and Belarus as well as countries and international organisations willing to assume co-responsibility for its good as its parties), supported by appropriate social education, are strongly recommended.

In: International Community Law Review

Abstract

The Bialowieza Forest has – for various reasons – long aroused international interest. Following the Second World War the forest was divided by state borders, and its resources are now subject to the sovereign powers of Poland and Belarus. Both states provide protection to the Bialowieza Forest – each to its part and together to the entirety. From the perspective of international law researchers, the latter is particularly interesting, involving as it does both classical cross-border cooperation, including a wide range of entities (local and regional self-government, forest administration, etc.), as well as inter-state cooperation (in bilateral and multilateral forms, e.g. unesco). The analysis of these forms of individual cooperation permits a better understanding of the protection issues of the Bialowieza Forest and enhancement of international cooperation.

In: International Community Law Review