ABSTRACT
The Scheldt estuary is one of Europe's most important ecological estuaries while also hosting one of Europe's largest ports, the Port of Antwerp. The policy and management of the Scheldt estuary is a cross-border matter that involves both Belgium (Flanders) and the Netherlands. Several treaties and agreements on the management of the Scheldt estuary have been concluded between both countries, aimed, among other things, at ensuring maritime access to the Port of Antwerp. In this chapter, the interrelationship between these bilateral agreements and EU environmental legislation is analyzed, with a particular focus on recent judicial decisions regarding cross-border degradation and pollution in the Scheldt estuary. A new string of court rulings has indicated that while more attention has been paid to direct habitat loss when contemplating port management and expansion plans, indirect environmental stressors, such as atmospheric nitrogen deposition, persistent organic pollutants (POPs), and climate change, are often still overlooked in the current permitting and planning policies. In addition, limited attention is paid to the topic of cross-border pollution, even though the case law has revealed that no level playing field seems to exist with respect to the permitting policies for several pollutants. This chapter argues that a more ecosystem-based approach needs to be integrated into the permitting and planning policies, while proactive communication and consultation when authorizing new and ongoing activities in the Scheldt estuary is also key to ensure sufficient transparency. Only through increased cooperation on a transboundary level and a clear focus on systemic solutions will the current stagnation of the ecological quality of the Scheldt estuary be overcome.
