INTERNATIONAL COURT OF JUSTICE DELIVERS JUDGEMENT ON DISPUTE BETWEEN HUNGARY AND SLOVAKIA ON GABCIKOVO-NAGYMAROS PROJECT
Press Release
ICJ/549
INTERNATIONAL COURT OF JUSTICE DELIVERS JUDGEMENT ON DISPUTE BETWEEN HUNGARY AND SLOVAKIA ON GABCIKOVO-NAGYMAROS PROJECT
19970926 The HAGUE, 25 September, (ICJ) -- The International Court of Justice today delivered judgement on a protracted dispute between Hungary and Slovakia over the construction and operation of dams on the river Danube which found both States in breach of their legal obligations. It called on both countries to carry out the relevant treaty between them while taking account of the factual situation that has developed since 1989.Hungary and Czechoslovakia, in 1977, concluded a treaty for the building of dam structures at Gabcikovo in Slovakia and at Nagymaros in Hungary for the production of electric power, flood control and improvement of navigation on the Danube (the 1977 Treaty). In 1989, Hungary suspended and subsequently abandoned completion of the project alleging that it entailed grave risks to the Hungarian environment and the water supply of Budapest. Slovakia (successor to Czechoslovakia) denied these allegations and insisted that Hungary carry out its treaty obligations. It planned and subsequently put into operation an alternative project only on Slovak territory, whose operation had effects on Hungary's access to the water of the Danube.
In its judgement, the Court found:
-- that Hungary was not entitled to suspend and subsequently abandon, in 1989, its part of the works in the dam project, as laid down in the treaty signed in 1977 by Hungary and Czechoslovakia and related instruments;
-- that Czechoslovakia was entitled to start, in November 1991, preparation of an alternative provisional solution (called "Variant C"), but not to put that solution into operation in October 1992 as a unilateral measure;
-- that Hungary's notification of termination of the 1977 Treaty and related instruments on 19 May 1992 did not legally terminate them (and that they are consequently still in force and govern the relationship between the Parties);
-- and that Slovakia, as successor to Czechoslovakia became a party to the Treaty of 1977.
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As to the future conduct of the Parties, the Court found:
-- that Hungary and Slovakia must negotiate in good faith in the light of the prevailing situation, and must take all necessary measures to ensure the achievement of the objectives of the 1977 Treaty;
-- that, unless the Parties agree otherwise, a joint operational regime for the dam on Slovak territory must be established in accordance with the Treaty of 1977;
-- that each Party must compensate the other Party for the damage caused by its conduct;
-- and that the accounts for the construction and operation of the works must be settled in accordance with the relevant provisions of the 1977 Treaty and its related instruments.
The Court held that newly developed norms of environmental law are relevant for the implementation of the Treaty and that the Parties could, by agreement, incorporate them through the application of several of its articles. It found that the Parties, in order to reconcile economic development with protection of the environment, "should look afresh at the effects on the environment of the operation of the Gabcikovo power plant. In particular, they must find a satisfactory solution for the volume of water to be released into the old bed of the Danube and into the side-arms of the river".
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