Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-30T15:01:30.866Z Has data issue: false hasContentIssue false

Case Concerning the GabčíKovo–Nagymaros Project (Hungary/Slovakia)

International Court of Justice.  05 February 1997 ; 25 September 1997 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Treaties — Related instruments — Interpretation — Unilateral suspension and abandonment — Customary law — Articles 60 to 62 of the Vienna Convention on the Law of Treaties — Approximate application — Countermeasures — Response to an internationally wrongful act — Proportionality — Unilateral action — Assumption of unilateral control of a shared resource — Distinction between a wrongful act and prior conduct of a preparatory character — Obligation to mitigate damages — Termination — Necessity not grounds for termination — Impossibility of performance — Permanent disappearance or destruction of an object indispensable for execution — Fundamental change of circumstances — Requirement that change be unforeseen — Circumstances constituting an essential basis — Stability of treaty relations — Material breach of the Treaty — Mutual repudiation of the Treaty — Reciprocal non-compliance — Termination by mutual consent — Integrity of the rule pacta sunt servanda

State responsibility — State of necessity as a ground for precluding the wrongfulness — Article 33 of the Draft Articles on State Responsibility — Essential interest — Grave and imminent peril — Act having to constitute the only means of safeguarding the interest threatened — Party having contributed to the occurrence of the state of necessity

Environment — Rivers — Effects of the Project on the environment — Emergence of new norms of environmental law — Sustainable development — Equitable and reasonable share of the resources of an international watercourse — Environmental Impact Assessment — No peremptory norms of environmental law — Treaty-based obligation to apply evolving standards to protect nature

State succession — Dissolution of Czechoslovakia — Article 12 of the Vienna Convention on Succession of States in Respect of Treaties, 1978 — Customary law — No effect on treaties creating rights and obligations attaching to territory

Damages — Ex injuria jus non oritur — Objectives of the Treaty — Purpose and intention of parties in concluding treaty prevailing over literal interpretation — Obligations overtaken by events — Recognition of positions adopted by the Parties after conclusion of the Treaty — Good faith negotiations — Joint regime — Reparation for acts committed by both Parties — Intersecting wrongs — Settlement of accounts for the construction

Type
Case Report
Copyright
© Cambridge University Press 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)