Paper Topic:

International Law

International Law

The Breach of the Hungary /Slovakia Treaty (Your Name (Your University

2007

Summary of the Hungary /Slovakia Treaty Breach

Hungary v . Slovakia (ICJ , 1997

The instant case before the International Court of Justice relates to the breach of the provisions of the 1977 Treaty entered into by and between the People 's Republic of Hungary and the People 's Republic of Czechoslovak on 16 September 1977 and became effective on 30 June 1978 . The treaty is a `joint-investment ' between the parties whereby the parties agreed to construct and

operate the the Gabcnkovo-Nagymaros System of Locks ' with the objective of developing and maximizing the use of natural and water resources of the Danube river specifically the Bratislava-Budapest section for purposes of hydroelectricity , better navigation and preservation of areas near the banks . The Treaty provided for the construction of two locks , one at Gabcnkovo (in Czechoslovak territory ) and the other at Nagymaros (in Hungarian

territory (Hungary v . Slovakia , 1997 . Hungary for its part is made responsible for the sluices and works at Dunakiliti and at Nagymaros while Czechoslovakia , for Gabcnkovo works

The works were suspended on 13 May 1989 by the Hungarian Government because various studies have to be completed before 31 July 1989 . However , before the lapse of the period particularly on 21 July 1989 , Hungarian Government extended this until 31 October 1989 and included suspension of Dunakiliti works . On 19 May 1992 , the Government of Hungary sent a notice to the Czechoslovak Government informing it of its termination of the Treaty as of 25 May 1992 because it failed to stop and suspend the works on Variant C which is said to have ill effects on the environment

As defenses to support its termination of the Treaty , Hungary presented the following : a ) existence of a state of necessity b ) the impossibility of performance of the Treaty c ) the occurrence of a fundamental change of circumstances d ) the material breach of the Treaty by Czechoslovakia and , e ) the development of new norms of international environmental law (Hungary v . Slovakia , 1997 .These were all disputed by Slovakia

The International Court of Justice ruled that the notification of termination by Hungary of 19 May 1992 did not have the legal effect of terminating the 1977 Treaty and related instruments (Hungary v Slovakia , 1997 . The Court specifically ruled on each of the arguments presented by Hungary . On the first argument of the existence of a state of necessity ' the Court stressed that even if a state of necessity is found to be present , it does not serve as a ground for terminating a treaty nor can it serve as an excuse for non compliance The presence of a state of necessity can only suspend the effectivity of a treaty during the existence of such state of necessity but shall continue to be effective upon its cessation whereby parties are thereafter duty bound to comply with its terms . One the second argument the Court ruled that the impossibility of performance ' invoked by Hungary...

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