Gabčíkovo-Nagymaros Project (Hungary/Slovakia) - Hungary to file by 7 December 1998 a written statement of its position on Slovakia's request for an additional Judgment

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
forimmediaterelease

No. 98/31
7 October J998

.GabÇikoyo-Nagymaros Pmject (Bungacy!Siovaki3)

Hungary to file b.Y7 December 1998 a written statement of its position
on Sloyakia's request for an additional Judgment

Tiffi HAGUE, 1 October 1998. Hungary is to file by 7 December 1998 a written statement
of its position on the request for an additional Judgment submitted by Slovakia
• on 3 Septez:nber1998 in the case conceming GlhÇfkovo-Na!D'JilarOsProject ŒJungacy!SJovakia)

relatingtothe construction and operation of dams on the river Danube for the production of
electr:icity,flood control and improvement of navigation.

lt was so decided at a meeting that the President of the International Court of Justice,
Judge Stephen M. ·Schwebel, held today at The Hague with the representatives of the Parties
in ardertoascertain their views on questions of procedure.

The President will meetagainwith the Parties shortly after the filing of Hungary's written
statement.

Histocy of the dispute

On 2 July 1993, Hungary and Slovakia notified jointly to the Court a Special Agreement
signed on 7 April 1993 for the submission of certain issues arising out of differences regarding the
implementation and the termination of the Budapest Treaty of 16 September 1977 on the
construction and operation ofthe GabCikovo-Nagymaros barrage system.

In 1989,Hungary suspended and subsequentJy abandoned completion of the projectalleging
that it entailed grave risks to the Hungarian environment and the water supp1y of Budapest.
Slovakia denied these allegations and insisted that Hungary carry out its treaty obligations.
lt planned and subsequently put into operation an alternative project only on Slovak territory, whose
operation bad effects on Hungary's accessto the water of the Danube.

Hearings in the case were beld between 3 Marchand 15April 1997,the Court paying a site
visit (the first ever in history) to the Gabèîkovo-Nagymaros Project between those dates.

In itJudgment of25 September 1997, the Court found that both Hungary and Slovakia bad
breached their legal obligations. Itcalled on bath States to negotiate in good faith in order

to ensure the achievement of the objectives ofthe 1977 Budapest Treaty, which it declared was stHI
in force, while talcing account ofthe factual situation that bad developed since 1989.

On 3 September 1998, Slovakia filed in the Registry ofthe Court a request for an additional
Judgment, arguing that sucb a Judgment was necessary because of the unwillingness of Hungary

to implement the Judgment delivered by the Court on 25 September 1997. - 2 -

In its request, Slovakia stated that the Parties bad conducted a series of negotiations on
the modalities for executing thet'sJudgment and bad initialled a draft Framework Agreement,
which was approved by the Govemment of Slovakia on 10 Marcb 1998. Slovakia, however,
contended that "on 5 Marcb 1998,ungary postponed its approval and, upon the accession of its
new Government following the May elections, it proceeded to disavow the draft Framework
Agreement and [was now further delaying] implementing the Judgment". Slovakia maintained that

it wanted the Court to determine the modalities for executing the Judgment.

As the basis for its request, Slovakia invoked Article 5 (3) of the Special Agreement signed
at Brussels on 7 April993 by itself and Hungary with a view to the joint submission of their
disputeto the Court.

Website ofthe Court: bttp:/lwww.icj-cij.org

Information Office
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Infonna,tion Officer (tel: 31-70-302 2337)

E-mail address: [email protected]

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