Environmental Security in South-Eastern Europe

The status of the environment is influenced by a variety of factors, the most important of which are water, land, climate and human interventions. The degradation of the environment has important consequences at all levels, including the well-being of populations. This is mainly caused by the diminution of services and resources provided by an ecosystem while it is degraded. Under these circumstances, the environmental degradation has a direct effect on the stability of populations and might trigger tensions and conflicts; this is the reason for which the concept of environmental security is becoming a subject of analysis and discussions. Such a concept goes beyond the competences of the traditional organisations and institutions which normally deal with environmental issues, and it is now taken into consideration by organisations which have their missions in other fields, like security, politics, economy and sociology. The implementation of collaborative programmes and projects between these organisations together with the traditional environmental agencies and institutions, is an innovative and multidisciplinary approach which can broaden the perspective for improving the conditions of the environment and of the populations living in it.

South Eastern Europe, being shattered with conflicts in the last decades, still faces numerous challenges today such as inadequate growth, declining ­living standards and high environmental stress. Climate change will exacerbate the ­situation in the future. Since environmental security is an emerging concern that cannot be tackled with traditional approaches, new ways to deal with it have to be developed. Cooperation forms the core of such means, aiming at a cross-sectoral approach and guaranteeing a wide-stakeholder participation with the view of integrating the principle of sustainable development into national policies.

The ENVSEC, a unique partnership between the UN and other agencies that is ­targeting certain hotspots in Europe and Central Asia can serve as a model to meet security and environmental concerns also in other areas of the world.

In the rapidly changing scenarios of the South-Eastern Europe, control on territories has always been playing a relevant geo-political role. In particular, the recent and relatively rapid modification of the regional geography – within which the break apart of the Socialist Federal Republic of Yugoslavia was the most significant event – resulted in the creation of a high number of ‘new’ borders, with the direct consequence of multiplying the trans-boundary initiatives. In many cases, unsolved border issues are still pending, keeping a high conflict potential. Under these conditions, the role of the international initiatives – and in particular, the activities carried out within various multilateral agreements – prove to be powerful tools to reconcile part of these tensions. A specific example is represented by the UNESCO designated sites, namely, the World Heritage Sites and the Biosphere Reserves. In both cases, their international visibility and respective governance mechanisms guarantee to foster the multilateral cooperation. The various existing sites in SEE and, most of all, the ones to be designated next, represent very important opportunities to ‘ground’ the trans-boundary cooperation and to potentially catalyze the broad range of current ‘green diplomacy’ activities in the region, ­fostering the overall environment security.

In this paper different and very complex methodological problems concerning understanding of the relation between social and environmental issues on the one side and security risks on the other are emphasized. Several important general social issues characteristic for countries of SEE (geographic position, level of economic development and cooperation, historical heritage, state of awareness of the public concerning specific social questions, relation with the EU) as basic factors which influence understanding of general frameworks of security in this region have been underlined. A special attention is paid to the state of the environment and its relevance for security in SEE. Within this context, an assessment is provided and critical elements in the fields of nature protection, biodiversity, waste management, water management, agriculture, energy, transport, harmonization of national regulations with those of the EU are pinpointed. The central thesis is that the specific combinations of social, economic and environmental characteristics of countries of the region are causing (or can cause) serious instability and threaten security. The low level of mutual cooperation between the countries of the region is another particularly unfavourable circumstance influencing security of the region.

The paper is divided in three parts. In the first one, the climate change issue is presented and a brief analysis of the major international treaties on climate change is provided. A special focus is placed on the concept of the combination between mitigation and adaptation activities which is required to deal effectively with climate change.

The second part deals with the link between climate change and environmental security, stressing in particular the contribution that climate change may give to worsen the already occurring environmental crisis at a global level, acting as a “threat multiplier”. In order to prevent the effect of such a possible combined negative effect of climate change and environmental security, a serious and sharp series of climate change mitigation and adaptation activities must be performed in the years to come in an even more constant and incisive way compared to the last two decades.

The third part addresses more specifically the issue of how to reduce environmental security risks in SEE through the implementation of climate change treaties. In such a context, in particular, two specific scenarios are proposed and analysed.

Firstly, under option A, the simpler possibility for SEE countries to implement the existing major climate change treaties, namely the UNFCCC and the Kyoto Protocol, is considered. The formal implementation of such treaties should be accompanied by the development of appropriate national mitigation and adaptation policies to effectively tackle climate change and prevent climate change related risks. Depending on the seriousness and effectiveness of such national policies, the outcomes of the domestic actions in each of the SEE countries may finally prove more or less successful.

Secondly, under option B, a more sophisticated integrated approach is proposed for the SEE countries, based on the track indicated by the 2005 Energy Community South East Europe Treaty (ECSEE Treaty), which aims inter alia at reducing environmental risks by establishing a single and comprehensive regulatory framework for trading energy across SEE. Such a treaty imposes to the contracting parties, as a prerequisite for its effective enforcement, the implementation of the most relevant acquis communautaire in the environmental, energy and competition fields. Moreover, it calls for the ratification of the Kyoto Protocol on climate change, thus linking within a broad comprehensive legal framework the major climate change, environmental, energy and competition issues in an integrated way.

This paper deals with the legal regimes established by different international treaties on water management in South Eastern Europe (SEE). Brief comments concerning history help in understanding the actual trends in the development of legislation on water management in the SEE region. More than ever before, national systems of water management legislation are under the influence of global, regional (in terms of UNECE) and EU legal frameworks. Neighbouring/riparian/river/river basin/lake basin relations between the SEE countries have been under the influence of the new water management paradigm developed by the EU, which imposes to the national systems of water management to take into account trans-boundary impacts of national water projects/activities. In that context, the paper contains the author’s views on open fields for cooperation between the SEE countries, as well as concise considerations on situations that might lead to some disputes between countries concerning their shared waters in the SEE region.

Within the SEE region, there are several opportunities for energy sector adaptation in response to environmental, energy, and climate security concerns. These latter inter-dependent security issues have similar over-arching aims that could contribute to an effective environmental regime. This paper surveys five fundamental criteria for an effective environmental regime within the context of renewable energy and energy efficiency policy in the SEE region. These five criteria are: (1) effective policies, laws, and regulations based on desired objectives (the legal base-line aspect); (2) an embedded desire to pursue environmental objectives, which are most likely based on incentives (the environmental culture aspect); (3) strong national institutions that can pursue objectives and enforce measures when necessary (the institutional aspect); (4) national capacity, which to a large extent depends on effective technology transfer (the capacity building aspect); and (5) given the international impact of environmental issues, regional cooperation, as well as, support from international institutions (the regional and international cooperation aspect). The countries in the SEE region have made significant progress in developing renewable energy and energy efficiency policies, programmes, and projects, but there remain regulatory, economic, and institutional barriers to effective energy adaptation. As a result, important opportunities exist in the areas of technology transfer and capacity building as well as regional collaboration.

The protection of the natural environment in times of armed conflict is presented through a short analysis of the most relevant concepts and issues typical for this field of international law. Particular attention is placed on the most relevant documents and rules: Art. 35(3) and Art. 55 of Additional Protocol I to the 1949 Geneva Conventions, Environmental Modification Techniques Convention (ENMOD Convention) and Art. 8 (2)(b)(iv) of the Statute of the International Criminal Court (ICC). The relevant practice of the International Court of Justice (ICJ) is also included in the analysis. The individualization of crimes against the environment, the applicability of peacetime treaties in times of armed conflict and the different proposals for enhancing the effectiveness of environmental protection in times of armed conflict are also presented. The protection of water resources and water installations in times of armed conflict is analyzed as well, through the analysis of the 1976 ILA Resolution on the Protection of Water Resources and Water Installations in Times of Armed Conflict and other relevant sources.

Food security requires appropriate agricultural management and utilization of natural resources and eco-systems, as well as good governance and sustainable political systems. Food security is directly affected by climate change effects that lead to concerns in rural livelihoods. Bio-energy developments present both opportunities and challenges for socioeconomic development and the environment. In that sense, bio-energy solutions should strive to be environmentally sensitive and have a positive social impact. On the other side, trade policy enforced via World Trade Organisation (WTO) is expected to play a role in mitigating and adapting to global climate change by increasing incentives to use the most energy efficient environmental goods and services.

The recent food and financial crises developed from different underlying causes but intertwined in complex ways through their implications for financial and economic stability, food security, and political security. As the majority of the poor in the world are considered to be depended on agriculture, the severeness of the climate change effects may lead to food system risks and more of the societal and political risks can be incurred in the future. The potential of food price volatility and climate change leading a rise in food insecurity among the poor groups is significant, and thus, can be expected to bring social disturbances and terrorism in the short to long term. Food security is a hot topic. Therefore, its disruption via environmental breakdown is an obvious cause for terrorism. Although the biotechnology revolution is very relevant to the problems of food security, poverty reduction, and environmental conservation in the developing world, it raises many questions relating to ethics, intellectual property rights, and bio-safety. Some policy alternatives for environment friendly support of food security consist in increasing productivity on the non-forest fertile soils and in animal production systems or to reduce postharvest losses, providing greater incentives for agriculture to use water more efficiently, promoting larger investments in agricultural research to raise production with environment friendly techniques. Global environmental change (GEC) will have serious consequences for food security, particularly for more vulnerable groups. Adapting to the additional threats to food security arising from major environmental changes requires an integrated food system approach, not just a focus on agricultural practices. In this respect, vulnerability assessment could help to address food supply-chain security by determining the selection of countermeasures and emergency responses.

This paper addresses the issue of emergency response and risk management­ in the countries of South-Eastern Europe (SEE). A number of multilateral environmental agreements have been adopted by countries of SEE in order to better prevent disasters and reduce their consequences. However, those texts aim at strengthening international cooperation for emergency relief after environmental disasters (industrial or natural). In the light of considering the implementation of international obligations at the national level, the state of legislative and institutional framework in SEE is analysed and some specific actions are proposed.

Environmental Impact Assessment (EIA) as a tool used to identify the environmental, social and economic impacts prior to decision-making in trans-boundary projects has been introduced in countries of South Eastern Europe (SEE) relatively recently.

This paper gives an overview of the existing legal regimes and obligations regarding EIA procedures in the SEE region taken in the process of EU integration. It presents the main elements of the Espoo Convention and the bilateral/multilateral agreements under the Convention aimed at enabling its effective application, as well as a short analysis of the implementation of the Espoo Convention in the SEE region so far. Through this paper, we discuss the new multilateral agreement under the Espoo Convention signed among countries of the SEE – the Bucharest Agreement, its purpose and applicability, as well as the identified constrains. We argue that mechanisms for public participation in the Bucharest Agreement need to be clearly established and that the special regime proposed for the joint cross border projects is jeopardizing the principles of the Espoo Convention and other UNECE Conventions. Considering that the SEE region have yet to declare Natura 2000 areas, and that many already protected areas are near the borders, we recommend broadening the criteria on significance under the Bucharest Agreement to take into account the biodiversity richness of the region.

The world’s watersheds are under an increasing pressure. Environmental security is an important topic which concerns nowadays the quality life of the communities all over the world. It becomes more thematic with respect to natural resources protection and more over freshwater ecosystems shared between bordered countries.

This article evaluates the existing freshwater concerns of Shkodra/Skadar Lake ecosystem as well as the environmental security concern of the local population living in both sides. In fact, there are untreated sewage waters, untreated industrial pollutions and pesticides that are provoking low security of the environment and the water quality of the Lake watershed. This paper offers a model of cooperation in the cross-border context, recommendations for future treating measures toward water quality which can provide environmental security and improving the bio-life quality for Shkodra/Skadar lake ecosystem. Through this paper we argue that ecosystem-oriented principles are essential to shape effective freshwater using priorities as they involve along a continuum from dialogue and partnership, to sharing of information, to more defined frameworks of cooperation at a trans-boundary level, to binding legal norms.

The process we experienced provides also the instruments and mechanisms established at the trans-boundary level and the implementation process mainly focused on the best practices to mitigate environmental problems, institutional strengthening and capacity building running throughout the programme “Promoting Environmental Protection toward Management of Shared Natural Resources between Albania and Montenegro”. It counts also on the adoption of environmental legislation with respect to international regulation implementation and related strategies (AKM/NEA 1999).

In this paper it is given an overview of the legislation concerning issues of cross-border impact on the environment in Montenegro, which appropriately regulates the issue and contribute to creating the conditions for the implementation of this management mechanism. In the process of harmonizing national legislation with the acquis of the European Union – (Acquis Communautaire), a series of new laws were adopted, namely: the Law on Strategic Environmental Impact Assessment (2005), the Law on Environmental Impact Assessment (2005), the Law on accession to the Convention on the Assessment of Environmental Impact in a Trans-boundary Context – Espoo Convention (2009). In the second part of the paper, specific examples are given regarding the application of the EIA procedure in a trans-boundary context in Montenegro. Such examples relate to the project for the construction of the hydroelectric power plant (HPP) “Buk-Bijela”, to the project HPP “Ašta” and to the current and planned activities regarding the project of multi-purpose HPP on the Morača River.

The Framework Agreement on the Sava River Basin—FASRB (2002) is the first regional (river basin) agreement, except the Dayton Peace Agreement (1995), concluded by the countries originated by the decomposed Socialist Federal Republic of Yugoslavia (SFRY). The conclusion of the FASRB was strongly supported by the international comunity, acting intensively in the Balkan region after the wars in the nineties. This Agreement is an example of positive development in managing of natural (i.e. water) resources in a post-war period.

The different phases and aspects of drafting, negotiation, signature, ratification and implementation of the Framework Agreement on the River Sava Basin are presented here. The paper contains brief data on the geographical, historical and political features of the Sava River Basin, on the former Yugoslavia disintegration, on the Stability Pact for South Eastern Europe’s role in the proces of drafting the Agreement as well as on the Sava Initiative description. The paper also contains details on the goals, general principles, areas of cooperation, mechanism of cooperation, monitoring implementation dispute settlement, protocols, the Statute of the International Sava River Basin Commission and the dispute settlement provisions.

A separate part of the paper comprises some details on the current status of cooperation in certain fields covered by the Agreement, including the status of (inland) navigation, with brief references on the FASRB implemenation in the Republic of Croatia. The efforts on the unification of the basic navigation rules, establishment, maintenance and improvement of the uniform waterway marking system as well as on the rehabilitation and development of the Sava River Waterway and development of the River Information Services are presented. The activities concerning water management issues such as the development of the Sava River Basin Management Plan, the establishment of a system of measures, activities, warnings and alarms in case of extraordinary impacts of the water regime caused by pollution or floods, ice occurrence, droughts and water shortages, the establishment of an integrated information system, as well as provisions regulating dispute settlement are highlighted. Activities on drafting new treaties, in terms of Protocols to the FASRB, are also reviewed.