The Gabcikovo-Nagymaros Project case, Hungary v. Slovakia (1997)

The Gabcikovo-Nagymaros Project case, Hungary v. Slovakia (1997)

Facts: The Gabčíkovo–Nagymaros Dams project. Initiated by the Budapest Treaty of 16 September 1977 between the Czechoslovak Socialist Republic and the People’s Republic of Hungary.Only a part of the project has been finished in Slovakia, under the name Gabčíkovo Dam, because Hungary first suspended then tried to terminate the project due to environmental and economic concerns. Slovakia proceeded with an alternative solution, called “Variant C”, which involved diverting the Danube, the border river.

Issues:

1. 1. Whether or not Czechoslovakia was entitled to embark on Proposal C
   2. Whether the 1977 treaty was binding on Slovakia and Hungary

Decision: The 1977 Budapest Treaty still in force. Each Party must compensate the other Party for the damage caused by its conduct.

Reasoning: Both Hungary and Slovakia had breached their legal obligations. A breach of international law by a State entails its international responsibility