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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
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.

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