The Gabcikovo-Nagymaros Case: A Step Forward for Environmental Considerations in the Joint Development of Transboundary Resources?

Abstract

The agreement between Czechoslovakia and Hungary for construction works on both sides of the River Danube; abandonment of the project by Hungary and implementation of an alternative project by Czechoslovakia. Decision of the International Court of Justice that abandonment of the project could not be justified on the grounds of ecological necessity and that Czechoslovakia violated its agreement with Hungary by implementing its alternative scheme. The political context - the demise of communism and the growth of environmentalism, particularly in Hungary; the principle that change in the system of political governance alone is insufficient to invalidate treaty obligations. Whether the doctrine of frustration or force majeure could have been invoked The environmental arguments raised by Hungary and the increasing consideration given to them; whether recent environmental insights could be incorporated retroactively into the treaty, the court's position apparently indicating that this could be so. International law on joint developments - two conflicting positions.